Criminal law (2022): Inchoate offense: Incitement + Solicitation

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.

International law.

The Article 20 of the International Covenant on Civil and Political Rights requires that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. That few journalists have been prosecuted for incitement to genocide and war crimes despite their recruitment by governments as propagandists is explained by the relatively privileged social status of journalists and privileged institutional position of news organizations in liberal societies, which assign a high value to a free press.

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.

United States.

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.

Differences in laws.

In the United States, the term "solicitation" implies some part of commercial element, consideration, or payment. In some other common law countries, the situation is different:

where the substantive offense is not committed, the charges are drawn from incitement, conspiracy, and attempt;

where the substantive offense is committed, the charges are drawn from conspiracy, counseling and procuring (see accessories), and the substantive offenses as joint principals (see common purpose).

Differences from other crimes.

Solicitation has in the U.S. these unique elements:

1. the encouragement of, bribing, requesting, or commanding a person.

2. to commit a substantive crime.

3. with the intent that the person solicited to commit the crime.