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solicitation
Criminal solicitation consists of asking, encouraging or requesting a person to engage in criminal conduct, with the aim of facilitating or contributing to the commission of this crime. Most often, solicitation refers to the solicitation of prostitution, the crime of soliciting someone to engage in prostitution.
Elements Of Solicitation
Although state laws vary, to be guilty of solicitation you must: ask someone else to engage in criminal conduct; and intend to engage in criminal conduct with this person.
States vary depending on whether the other person must receive the request or whether the act of making the request (with criminal intent) is sufficient to constitute a solicitation. Some need the person to receive the request.
With respect to the solicitation of prostitution, this generally means that the person must communicate a request that another person engage in sexual acts to obtain compensation, and must intend to respond to the request.
Subsequent Crime Need Not Be Committed
It is important to remember that the subsequent crime, actual prostitution, for example, does not need to be committed. Someone can still be guilty of soliciting even if their request is not accepted, or the subsequent crime simply never happens. For example, if a plainclothes police officer receives a request to engage in prostitution, the alleged client may be found guilty of soliciting even if no prostitution has taken place or will actually take place.
Defenses To Solicitation Charges
As in all criminal cases, an accused can challenge that he did not commit the act or that he did not have a criminal intent if he did so. For example, a person accused of soliciting prostitution could say that he was not the one who did it or that there was no offer or intention compensate the other person for their sexual acts.
In some cases, a person is not responsible for the solicitation if they renounce their intention to commit the subsequent crime, and inform the other person that their request is off the table. Depending on the type of criminal behavior that the person seeks, the withdrawal may also require notification to the police to prevent further criminal behavior from taking place.
Often, evidence in addition to any testimony from the proposed person is necessary to convict someone for solicitation.
Punishment For Solicitation
Since one can solicit the commission of a variety of crimes, the punishment for solicitation can vary widely, and also vary by state. The costs of solicitation increase according to the degree of crime that would have been solicited. For example, solicitation for murder is punished as a much higher crime than solicitation for prostitution.
Punishment for solicitation of prostitution can also vary.If the person has already been sentenced, they are more likely to be sentenced to prison. Primary offenders can often avoid prison terms and receive fines, community service or other alternative sentences. Some states now require HIV testing and HIV courses for those convicted of soliciting prostitution.
As a crime, a solicitation conviction can have enormous consequences. An experienced criminal attorney can help someone charged with solicitation find the best possible solution available.