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Encyclopedia > Solicitation

Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. It is not necessary that the person actually commit the crime.

For example, if A commands B to assault C and A intends for B to assault C, then A is guilty of solicitation. However, if A commands B to assault C without intending that an actual crime be committed (perhaps believing that C has given consent), then there is no solicitation.

Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited actually commits the crime. In such a situation, both A and B could be charged with the crime as accomplices, which would preclude conviction under solicitation. a person cannot be punished for both solicitation and the crime solicited.

Note that solicitation can apply to just about any criminal act. There are also many statutes for specific solicitation crimes. For example, solicitation of murder is often considered a capital offense, and has its own statute. Another example might be solicitation of prostitution.

See also

  Results from FactBites:
CATHOLIC ENCYCLOPEDIA: Solicitation (591 words)
Even though the wicked confessor has since amended his life, or though the crime of solicitation took place many years ago, the obligation of denouncing him still remains, because the law is made, not merely to procure amendment, but also to inflict punishment.
If the penitent, without sufficient cause, does not make the denunciation within a month from the time he or she has learned the obligation to do so, excommunication is incurred ipso facto.
If the soliciting priest be of another diocese, the ordinary of the person solicited will forward the denunciation to the bishop of the accused confessor.
  More results at FactBites »



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