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Concept
Solicitation
Summary
Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.
In England and Wales, the term soliciting is usually "for a person (whether male or female) persistently to loiter or solicit in a street or public place for the purpose of prostitution" under the Street Offences Act 1959 as amended. 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.
In the United States, solicitation is the name of a crime, an inchoate offense that consists of a person offering money or inducing another to commit a crime with the specific intent that the person solicited commit the crime. For example, under federal law, for a solicitation conviction to occur the prosecution must prove both that defendant had the intent that another person engage in conduct constituting a felony crime of violence, and that the defendant commanded, induced, or otherwise endeavored to persuade the other person to commit the felony.
In some jurisdictions in the United States, solicitation of prostitution is subject to occasional police sting operations, which have been in turn subject to court cases on privacy grounds.
One such instance occurred in Dothan, Alabama in March 2014, following the arrest of education activist Christopher Rufo in a public restroom on charges of solicitating prostitution. The affidavit filed by the arresting officer claimed that after he had tapped his foot in the adjacent stall (a widely known cue for solicitation in the area), Rufo slipped a ten-dollar bill underneath the partition.
Official source
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