What It Is….. And The Penalties
The act of soliciting another to commit a crime is an offense prohibited under Florida Statute 777.04(2).
Soliciting is defined as asking in earnest or trying to induce another person to do a specific act.
The requisite elements that the state prosecutor must prove to convict a person of the crime of criminal solicitation are as follows:
- The person solicited another to commit a crime prohibited under Florida law.
- During the solicitation, the person: commanded, encouraged, requested, or hired another person for the purpose of performing specific conduct that is either a crime or an attempt of a crime under Florida law.
It should also be noted that to prove the crime of criminal solicitation, the person soliciting the crime does not have to do any act in furtherance of the completion of the solicited crime.
The Penalties for Criminal Solicitation
The penalties for criminal solicitation are contingent upon the offense that the defendant solicited another to commit.
- If the intended offense was a capital felony, solicitation of such a crime is a felony of the first degree punishable by up to thirty years prison or probation and a $15,000 fine.
- If the intended offense was a life felony or first-degree felony, solicitation is a felony of the second degree punishable by up to fifteen years of prison or probation and a $10,000 fine.
- If the intended offense was a second-degree felony, unarmed burglary of an unoccupied structure or conveyance, or any crime under Florida Statute 921.0022(c)-(j), solicitation of such offense is a felony of the third-degree punishable by up to five years of prison or probation and a $5,000 fine.
- If the intended offense was a relatively minor crime listed under Florida Statute 921.0022(a)-(b) or a third-degree felony, then the solicitation of such offense is a first-degree misdemeanor punishable by up to one-year of jail or probation and a $1,000 fine.
- If the intended offense was a misdemeanor of any degree, the solicitation to commit the misdemeanor offense is a second-degree misdemeanor punishable by up to sixty days in jail and a $500 fine.
Per Florida Statute 777.04(5)(b), a defense exists to the crime of criminal solicitation where the person who originally solicited the crime either persuades the solicited person not to commit the crime or prevents them from committing the solicited crime.
Such behavior must indicate a complete and voluntary renunciation of the person’s original criminal purpose to qualify as a defense.
If you or a family member has been arrested for Criminal Solicitation in Okaloosa County, Walton County or Santa Rosa County, call Lupella & Rehr at (850) 362-6655 for a free consultation.