Legal Definitions - encourage

In a legal context, particularly within criminal law, to encourage means to actively support, prompt, or give confidence to another person to commit an act, often an unlawful one. It involves more than just passive observation; it implies a direct influence or assistance that makes the act more likely to occur.

Here are a few examples to illustrate this concept:

• Verbal Instigation: Imagine a group of friends watching one person attempt to break into a locked building. One friend, Alex, repeatedly shouts, "Go for it! You can do it! No one's around!" while the other person struggles with the lock. Alex's words actively encouraged the attempted break-in by instigating and emboldening the person, making them feel more confident to continue the unlawful act.

• Providing Moral Support Through Presence: Consider a scenario where a teenager, Maya, is contemplating shoplifting a small item from a store. Her friend, Ben, stands right beside her, making eye contact and giving a subtle nod of approval as Maya slips the item into her pocket. Ben doesn't touch the item or speak, but his presence and gesture encouraged Maya to commit the theft by providing moral support and confidence, implying approval and reducing her hesitation.

• Facilitating an Opportunity: Sarah knows her colleague, David, is planning to illegally download copyrighted software. Sarah tells David, "I know a website that has all the latest versions, and it's really easy to bypass their security measures." David then uses this information to download the software. Sarah encouraged David's illegal activity by providing crucial information that facilitated the crime, making it easier and more likely for David to succeed, even though she wasn't present during the actual download.