n.
[F. sollicitation, or L. sollicitatio.]
1. The act of soliciting; earnest request; persistent asking; importunity.
2. Excitement; invitation; as, the solicitation of the senses. Locke.
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Webster's Unabridged Dictionary:
So·lic·i·ta·tion |
[F. sollicitation, or L. sollicitatio.]
1. The act of soliciting; earnest request; persistent asking; importunity.
2. Excitement; invitation; as, the solicitation of the senses. Locke.
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Britannica Concise Encyclopedia:
solicitation |
For more information on solicitation, visit Britannica.com.
West's Encyclopedia of American Law:
Solicitation |
Urgent request, plea, or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act.
The term solicitation is used in a variety of legal contexts. A person who asks someone to commit an illegal act has committed the criminal act of solicitation. An employee who agrees in an employment contract not to solicit business after leaving her employer and then mails a letter to customers asking for business may be sued by the former employer for violating the non-solicitation clause of the contract. The letter constitutes a solicitation. However, if the person had placed a newspaper advertisement, this would not have been a solicitation because a solicitation must be addressed to a particular individual.
Many solicitations in everyday life appear to be legal. For example, a telemarketer who tries to sell a legitimate product by calling potential customers is making a solicitation. It may or may not be legal, however, depending on the laws of the states where the telemarketer and the caller reside. If either of the states requires that telemarketers register with the state government, then the legality of the solicitation will depend on whether the telemarketer met this registration requirement. Failure to register may make the telemarketing company liable for civil fines or criminal penalties.
Solicitation laws and regulations govern specific types of organizations and economic activities. For example, charitable organizations must register with state agencies before legally soliciting money. The federal Securities and Exchange Commission has rigid rules concerning the solicitation of shareholders for votes involving changes in corporate structure or leadership.
Criminal solicitation commonly involves crimes such as prostitution and drug dealing, though politicians have been convicted for solicitation of a bribe. The crime of solicitation is completed if one person intentionally entices, advises, incites, orders, or otherwise encourages another to commit a crime. The crime solicited need not actually be committed for solicitation to occur.
When law enforcement agencies seek to curtail prostitution, they use decoy operations. A person who offers to perform a sex act with an undercover officer for money can be arrested for solicitation of prostitution. Police decoys are also used to nab customers. When a person looking to pay for sex approaches a decoy officer and makes, by words or gestures, this request, the person can be arrested for solicitation of prostitution. Similar operations are used to reduce the sale of narcotics.
Wikipedia on Answers.com:
Solicitation |
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| Criminal law |
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| Part of the common law series |
| Element (criminal law) |
| Actus reus · Mens rea Causation · Concurrence |
| Scope of criminal liability |
| Complicity · Corporate · Vicarious |
| Inchoate offenses |
| Attempt · Conspiracy · Solicitation |
| Offence against the person |
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Assault · Battery |
| Crimes against property |
| Arson · Blackmail · Burglary Embezzlement · Extortion False pretenses · Larceny Possessing stolen property Robbery · Theft |
| Crimes against justice |
| Compounding · Misprision Obstruction · Perjury Malfeasance in office Perverting the course of justice |
| Defenses to liability |
| Defense of self Defence of property Consent · Diminished responsibility Duress · Entrapment Ignorantia juris non excusat Infancy · Insanity Intoxication defense Justification · Mistake (of law) Necessity · Loss of Control (Provocation) |
| Other common law areas |
| Contracts · Evidence · Property Torts · Wills, trusts and estates |
| Portals |
| Criminal justice · Law |
Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services. Legal status may be specific to the time and/or place where solicitation occurs.
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In England and Wales, the term soliciting is usually "for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution" under the Street Offences Act 1959.[1] The crime of soliciting should not be confused with the profession of a solicitor, which under UK law is typically that of a lawyer, who may also function as a legal agent to obtain the services of a barrister on behalf of a client.
The description of kerb crawler makes clear that 'the addressing or accosting by a potential prostitution customer of a supposed prostitute with the purpose to conclude to a prostitution agreement with her' is also entitled 'solicitation' by some.
In the United States, solicitation is the name of a crime, an inchoate offense that consists of a person offering money or induce another to commit a crime with the specific intent that the person solicited commit the crime.
In the United States, the term "solicitation" implies some part of commercial element, consideration, or payment. In some other common law countries,[which?] the situation is different:
Solicitation has in the U.S. these unique elements:
Unlike conspiracy, there is no overt step necessary for solicitation, one person can be a defendant, and it merges with the substantive crime.
It is not necessary that the person actually commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the "solicitee" were an undercover police officer).
For example, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault Charlie, then Alice is guilty of solicitation. However, if Alice commands Bob to assault Charlie without intending that an actual crime be committed (perhaps believing that Charlie has given consent), then there is no solicitation.
An interesting twist on solicitation occurs when a third party that the solicitor did not intend to receive the incitement overhears the request to the original solicitee and unbeknownst to the solicitor, commits the target offense. In a minority of jurisdictions in the United States, this situation would still be considered solicitation even though the defendant never intended the person that committed the crime to have done so.
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 Alice and Bob 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.
No Soliciting signs are intended to protect business from panhandlers or individuals attempting to sell products or services to that business' patrons on business property, thus taking potential revenue away from that business.[citation needed] These signs are very often ignored.
It is a common misconception that a simple "No Soliciting" sign is meant to keep individuals from attempting to speak with a business owner or principal about his products or services.[citation needed] While this may be accomplished using a more detailed sign specifically asking vendors not to promote themselves to employees or principals, most sales professionals are taught to bypass simple "no soliciting" signs and interpret them to mean "Do not solicit our patrons."[citation needed]
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![]() | Webster's Unabridged Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy Read more |
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