Solicitation is a criminal offense that involves requesting, encouraging, or commanding another person to commit a crime. You do not have to actually commit the underlying crime to be charged with solicitation — the act of asking someone else to commit it is enough. In Maryland, solicitation charges can arise in many contexts, from solicitation of prostitution to solicitation of murder. Understanding what solicitation means under the law, the penalties it carries, and the defenses available to you is essential if you are facing these charges.
Legal Definition of Solicitation
Under Maryland law and general criminal law principles, solicitation occurs when a person intentionally encourages, requests, commands, or importunes another person to engage in criminal conduct. The crime is complete at the moment the request or encouragement is made — regardless of whether the other person agrees, refuses, or follows through. The person being solicited does not need to commit or even attempt the crime for the solicitor to be guilty.
Solicitation is what is known as an “inchoate crime,” meaning it criminalizes conduct that takes steps toward committing a crime even though the intended crime was not completed. Other inchoate crimes include attempt and conspiracy. The rationale behind criminalizing solicitation is that asking someone to commit a crime demonstrates criminal intent and creates a risk that the crime will actually be carried out.
Types of Solicitation Charges in Maryland
Solicitation charges in Maryland cover a wide range of criminal activity. The most common types include:
Solicitation of Prostitution
Solicitation of prostitution involves offering or agreeing to pay for sexual services, or offering to provide sexual services for payment. Under Maryland Criminal Law Section 11-306, solicitation of prostitution is a misdemeanor punishable by up to 1 year in jail and a fine of up to $500 for a first offense. Enhanced penalties apply for repeat offenses and for solicitation near schools or in certain areas.
Solicitation to Commit Murder
Solicitation to commit murder is among the most serious solicitation charges. Asking, hiring, or encouraging another person to kill someone is a felony in Maryland. Even if the intended murder never takes place, the solicitation itself carries severe penalties. This charge often arises in domestic disputes, business conflicts, and organized crime contexts.
Solicitation of a Minor
Soliciting a minor for sexual purposes — whether in person or online — is a serious felony under both Maryland and federal law. Maryland Criminal Law Section 3-324 makes it illegal to use the internet or other electronic means to solicit a minor for sexual acts. This offense carries up to 10 years in prison and typically requires sex offender registration. Understanding Maryland’s age of consent laws is critical in these cases.
Solicitation to Commit Other Crimes
Maryland also criminalizes solicitation to commit various other offenses, including solicitation to commit drug crimes, solicitation to commit arson, solicitation to commit robbery, and solicitation to commit assault. The penalties generally correspond to the seriousness of the underlying crime being solicited.
Penalties for Solicitation in Maryland
Solicitation penalties in Maryland vary based on the type of crime being solicited:
Solicitation of prostitution: Up to 1 year in jail and $500 fine (first offense). Enhanced penalties for repeat offenses.
Solicitation of a minor: Up to 10 years in prison, plus mandatory sex offender registration.
Solicitation to commit murder: Penalties can be as severe as those for the underlying crime. In some jurisdictions, solicitation to commit murder carries penalties equivalent to attempted murder.
Solicitation to commit other felonies: Generally, solicitation carries penalties that are less than but proportional to the penalties for the underlying crime. However, specific statutes may establish different penalty structures.
Defenses Against Solicitation Charges
Several defenses may be available depending on the specific solicitation charge and the facts of the case.
No criminal intent: Solicitation requires proof that you specifically intended for the other person to commit the crime. If your statements were jokes, hypothetical, taken out of context, or misunderstood, the prosecution may not be able to prove intent.
Entrapment: If law enforcement induced you to commit the solicitation through tactics that would cause a normally law-abiding person to engage in criminal conduct, you may have an entrapment defense. This is common in prostitution sting operations where undercover officers initiate contact and pursue the defendant aggressively.
Withdrawal or renunciation: In some jurisdictions, voluntarily and completely withdrawing the solicitation before the solicited crime occurs can serve as a defense or mitigating factor. However, this defense has limitations and may not be available in all cases.
Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you made the solicitation with genuine criminal intent. If the evidence consists of ambiguous statements, hearsay, or unreliable witnesses, a defense attorney can challenge the sufficiency of the proof.
Constitutional violations: Evidence obtained through illegal wiretaps, unauthorized recording of conversations (violating Maryland’s two-party consent law), illegal searches, or violations of your right to remain silent can be suppressed.
Frequently Asked Questions About Solicitation
What is solicitation?
Solicitation is a criminal offense that involves asking, encouraging, or commanding another person to commit a crime. The crime is complete when the request is made, regardless of whether the other person agrees or follows through. It applies to a wide range of criminal activity from prostitution to murder.
Is solicitation a felony or misdemeanor?
It depends on the type of crime being solicited. Solicitation of prostitution is typically a misdemeanor. Solicitation to commit serious crimes like murder, drug trafficking, or sexual offenses involving minors are felonies with substantial prison time.
Can you be charged with solicitation if the crime never happened?
Yes. Solicitation is complete when you ask or encourage someone to commit a crime. The solicited crime does not need to occur, or even be attempted, for you to be convicted of solicitation.
What is the difference between solicitation and conspiracy?
Solicitation involves one person asking another to commit a crime. Conspiracy requires an agreement between two or more people to commit a crime, plus an overt act in furtherance of that agreement. Solicitation can become conspiracy if the solicited person agrees and both parties take steps toward committing the crime.
Contact SoMD Criminal Defense
If you are facing solicitation charges in Southern Maryland, the consequences can be severe and long-lasting. Contact SoMD Criminal Defense today for a free and confidential consultation. We defend clients against all types of criminal charges in Charles County, St. Mary’s County, and Calvert County.
