The Crime of Solicitation in Illinois

 Posted on February 26, 2015 in Criminal Defense

We have all heard the expression “don’t do the crime if you don’t want to do the time.” But in Illinois, as in most states, there are ways you can wind up doing the time even if you yourself were not the one to do the crime. These are known as inchoate offenses, and they include offenses such as attempt and solicitation. One of the interesting things about Illinois law is that not only do we have laws against attempt and solicitation, but here it is also illegal to attempt to solicit.

What are Attempt and Solicitation?

Both attempt and solicitation are defined by Illinois statutes. One is guilty of solicitation when he or she, with the intent that a criminal offense be committed, commands, encourages, or requests that another person commit the criminal offense. A person commits “attempt” when he or she, with the intent to commit a specific crime, takes a substantial step toward committing that crime. Thus if you ask or pay someone else to commit a crime for you, that is solicitation. If instead you take a substantial step toward committing the crime yourself, then attempt is what you are guilty of doing.

Another related type of inchoate offense is conspiracy. A person is guilty of conspiracy if, with the intent that a crime be committed, he or she agrees with at least one other person to the commission of the crime. In order to be convicted of conspiracy, one of the co-conspirators must take at least one act in furtherance of the conspiracy.

What is Attempted Solicitation?

The statutes do not specifically mention attempted solicitation, but under Illinois law attempted solicitation is a crime. This is what happens when one, with the intent that a crime be committed, takes a substantial step towards encouraging, commanding, or requesting that another person commit a crime. This crime exists because attempt can, in general, be applied to any crime so long as doing so does not create some sort of inherent impossibility or the specific crime in question has its own specific attempt language within the defining statute. An example of attempted solicitation would be where an incarcerated person tries to send a letter to someone on the outside asking him or her to commit a crime. After the incarcerated person tries to send the letter a prison employee charged with reading the mail reads it, reports it, and does not allow it to actually go out in the mail. There the incarcerated person took the substantial step toward requesting that the outsider commit a crime, so attempted solicitation occurred.

Call the Law Offices of Christopher M. Cosley

If you are facing criminal charges you need the help of an experienced Rolling Meadows criminal defense attorney. You should call the Law Offices of Christopher M. Cosley. We will fight for you. Call us today at 847-253-3100.