Legal Definitions - Solicitation

Solicitation is a crime that occurs when someone asks, requests, or encourages another person to commit a crime, with the specific intention that the requested crime actually takes place. It is considered an "inchoate" or preparatory offense, meaning the person making the request can be charged even if the other person refuses, or if the intended crime never happens. The core element is the act of trying to get someone else to commit a crime.

Here are some examples to illustrate:

• Imagine a person, deeply in debt, approaches a known associate and offers them a substantial amount of money to break into a rival business and steal valuable trade secrets. The associate considers the offer but ultimately declines to participate.

  This is an example of solicitation because the person asked and offered inducement for the associate to commit burglary and theft (crimes), with the clear intent that the trade secrets be stolen. Even though the associate refused, the act of solicitation was complete the moment the request was made with that specific intent.

• Consider a disgruntled employee who, after being fired, sends a message to a former colleague offering them a large sum of money to intentionally damage the company's computer servers. The former colleague immediately reports the message to the authorities.

  This situation demonstrates solicitation because the fired employee requested and offered payment for the former colleague to commit computer sabotage (a crime), with the intent for the servers to be damaged. The solicitation occurred even though the colleague did not comply and reported the incident instead.

• A homeowner, frustrated by a neighbor's loud parties, tells a friend that they would pay them $1,000 to vandalize the neighbor's car. The friend expresses discomfort and does not act on the suggestion.

  This is solicitation because the homeowner offered money and requested the friend to commit vandalism (a crime), with the intent that the neighbor's car be damaged. The crime of solicitation is complete even though the friend did not carry out the act.