Criminal Law. Solicitation is a criminal act (generally charged as a misdemeanor) of requesting, enticing, advising, inducing, or encouraging another person to commit a crime. Solicitation is a specific intent crime and requires evidence of the defendant intending that the other party commit the crime. The intent may be inferred, however, from the circumstances of the asking.
Under traditional common law, solicitation required the defendant to ask another to commit a felony or breach of the peace. Under modern rules, however, soliciting another to commit any crime (misdemeanor or felony) suffices.
The crime of solicitation is committed and completed at the time the defendant asks another to commit a crime. It is not required that the other individual act upon the defendant’s request for the crime of solicitation to be completed. Indeed, it is not required that the crime solicited be committed in order to establish the elements of solicitation. Moreover, an agreement from the person asked to commit a crime is not required. That person may say no to the defendant or may ignore the defendant. The defendant, however, is still guilty of solicitation upon his asking the other person to commit a crime.