What is Criminal Solicitation in FL?
To solicit means to “ask earnestly or to try to induce the person that you are soliciting to do the thing that you are soliciting her to do.
In FL you commit the crime of criminal solicitation if 1) You solicit someone to commit a crime and 2) During your solicitation you command, encourage, hire or request another to engage in specific conduct which would constitute a crime.
To be found guilty of criminal solicitation in FL you must have the intent that the crime be committed, and your intent can be inferred from your words, the nature of your request or the circumstances surrounding the solicitation.
In a solicitation case the focus is on the solicitor, not on the person who is solicited. In fact, the person who is solicited does not need to agree to commit the crime for you to be found guilty of criminal solicitation (this is one of the things that distinguishes solicitation from conspiracy.)
The person you solicit need never intend to commit the crime, it is irrelevant if they can or will carry through with the crime and the intended crime need never occur.
This is why you can be arrested, and convicted, for solicitation of prostitution where there is no prostitute, only an undercover cop, who never would have actually provided oral sex for 50 bucks.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
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