Solicitation


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Solicitation

Urgent request, plea, or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act.

The term solicitation is used in a variety of legal contexts. A person who asks someone to commit an illegal act has committed the criminal act of solicitation. An employee who agrees in an employment contract not to solicit business after leaving her employer and then mails a letter to customers asking for business may be sued by the former employer for violating the non-solicitation clause of the contract. The letter constitutes a solicitation. However, if the person had placed a newspaper advertisement, this would not have been a solicitation because a solicitation must be addressed to a particular individual.

Many solicitations in everyday life appear to be legal. For example, a telemarketer who tries to sell a legitimate product by calling potential customers is making a solicitation. It may or may not be legal, however, depending on the laws of the states where the telemarketer and the caller reside. If either of the states requires that telemarketers register with the state government, then the legality of the solicitation will depend on whether the telemarketer met this registration requirement. Failure to register may make the telemarketing company liable for civil fines or criminal penalties.

Solicitation laws and regulations govern specific types of organizations and economic activities. For example, charitable organizations must register with state agencies before legally soliciting money. The federal Securities and Exchange Commission has rigid rules concerning the solicitation of shareholders for votes involving changes in corporate structure or leadership.

Criminal solicitation commonly involves crimes such as prostitution and drug dealing, though politicians have been convicted for solicitation of a bribe. The crime of solicitation is completed if one person intentionally entices, advises, incites, orders, or otherwise encourages another to commit a crime. The crime solicited need not actually be committed for solicitation to occur.

When law enforcement agencies seek to curtail prostitution, they use decoy operations. A person who offers to perform a sex act with an undercover officer for money can be arrested for solicitation of prostitution. Police decoys are also used to nab customers. When a person looking to pay for sex approaches a decoy officer and makes, by words or gestures, this request, the person can be arrested for solicitation of prostitution. Similar operations are used to reduce the sale of narcotics.

solicitation

n. the crime of encouraging or inducing another to commit a crime or join in the commission of a crime. Solicitation may refer to a prostitute's (or her pimp's) offer of sexual pleasures for pay. (See: pander)

References in periodicals archive ?
'We encourage the public to inform the PSE if they have been sent these investment solicitations via e-mail or any other unauthorized investment solicitation purportedly from PSE,' he said.
In essence, the district court avoided the question of unconstitutionality by looking at the solicitation ban through a narrow lens.
The Exchange Offers and Consent Solicitations expired at 12:01 a.m., New York City time, on July 1, 2019 (the "Expiration Date").
The Consent Solicitation will expire at 5:00 p.m., New York City time, on June 7, 2019 (as such date may be extended by SCI in its sole discretion) (the "Expiration Time").
In the court's view, that was solicitation prohibited by the agreement.
Solicitations should include a statement indicating that supplies or services delivered as a result of the solicitation will be reviewed to verify they meet accessibility requirements.
DOE's new Commercial Technology Manufacturing Systems and Components solicitation is accepting applications for projects that manufacture commercial technology renewable energy systems and components, such as wind turbine systems, blades or solar photovoltaic components.
Solicitation, whether by a lawyer personally or by someone else on his or her behalf, is prohibited, according to Bar Rule 4-7.4.
Solicitation W9126GAD24, covering work primarily for the Fort Hood Hospital project office, is a small business set-aside.
Categories: Bid Protest, Defective solicitations, Dental services, Firm fixed price contracts, Service contracts, Solicitation specifications, Solicitations
Alpha Natural Resources Inc (NYSE:ANR), a US-based company that produces Appalachian coal, has extended the expiration time of a consent solicitation to amend an indenture under which Foundation PA Coal Company LLC (Foundation) has issued 7 1/4% Senior Notes due August 1, 2014.
Many of those who received the solicitation complained to the state disciplinary commission.