WHAT IS A SOLICITATION CHARGE IN MISSOURI?

If you’ve heard the term “solicitation” in legal contexts, it might evoke certain stereotypes or misconceptions. In reality, solicitation charges in Missouri can encompass a variety of activities, some of which might not be immediately obvious. Understanding what constitutes solicitation, the potential penalties, and how an experienced attorney can help is crucial for anyone facing this serious criminal charge.
THE DEFINITION OF SOLICITATION IN MISSOURI
Solicitation, at its core, involves encouraging, requesting, or commanding someone else to engage in criminal activity. Unlike some other offenses, solicitation doesn’t require that the crime actually take place. Simply asking another person to commit a crime—whether through words, gestures, or other forms of communication—can be enough to warrant a solicitation charge.
Under Missouri law, solicitation is often associated with prostitution, but it can apply to other offenses as well. For example, if someone asks another person to sell drugs, commit theft, or engage in an act of violence, that individual could be charged with solicitation even if the crime never occurs. The state views solicitation as a step toward criminal activity and takes it seriously, regardless of whether the proposed act is ever carried out.
TYPES OF SOLICITATION CHARGES IN MISSOURI
Prostitution-Related Solicitation: This is perhaps the most commonly recognized form of solicitation. In Missouri, soliciting another person for prostitution—offering money, goods, or services in exchange for a sexual act—can lead to criminal charges. Both individuals who make such offers and those who agree to them may face legal consequences.
Drug-Related Solicitation: Asking someone to purchase, sell, or distribute illegal drugs is another form of solicitation. Even if no drugs exchange hands, simply making the request or offer can result in criminal charges.
Solicitation to Commit Violent Crimes: Encouraging someone to harm another person, commit a robbery, or engage in any act of violence can also be considered solicitation. The severity of the charge often depends on the nature of the crime being solicited and whether it posed a significant threat to public safety.
Other Forms of Solicitation: Missouri’s solicitation statutes can apply to a wide range of criminal activities. If someone encourages another person to commit any crime that carries penalties under state law, they could face a solicitation charge. This broad definition means that solicitation is not limited to one specific type of criminal act.
POTENTIAL PENALTIES FOR SOLICITATION IN MISSOURI
The penalties for a solicitation charge can vary widely depending on several factors, including the nature of the offense being solicited, the defendant’s prior criminal record, and whether the solicitation involved a minor or a public official.
Misdemeanor vs. Felony Charges: Solicitation can be charged as either a misdemeanor or a felony in Missouri. Soliciting a minor, for example, often leads to more severe penalties than soliciting an adult. Soliciting a serious crime—such as a violent felony—can also elevate the charge to a higher level.
Fines and Jail Time: A misdemeanor solicitation charge might result in fines, probation, and a short jail sentence, while a felony solicitation charge can lead to years in prison and hefty fines. For instance, if the solicited act is a Class A felony, the penalties for solicitation could mirror those associated with that serious offense.
Other Consequences: Beyond fines and jail time, a conviction can lead to lasting consequences, including a permanent criminal record. This can make it difficult to find employment, secure housing, or obtain professional licenses. Additionally, those convicted of solicitation related to prostitution or certain other offenses may have to register as a sex offender, further complicating their future prospects.
DEFENSES TO MISSOURI SOLICITATION CHARGES
Facing a solicitation charge in Missouri doesn’t mean a conviction is inevitable. There are several possible defenses an experienced criminal defense attorney can explore:
Lack of Intent: Solicitation charges require an intent to promote or facilitate a crime. If the communication was misunderstood or taken out of context, it may be possible to argue that the defendant did not intend for a crime to occur.
Entrapment: If law enforcement officers pressured or persuaded the defendant into soliciting a crime that they would not have otherwise committed, the defense of entrapment may apply. This is particularly relevant in cases where undercover officers posed as participants in the crime.
Insufficient Evidence: Without clear, credible evidence—such as recorded conversations, messages, or eyewitness testimony—it may be challenging for the prosecution to prove the solicitation took place.
Constitutional Violations: If the defendant’s rights were violated during the investigation or arrest, an attorney may be able to have the charges reduced or dismissed. This could include unlawful searches, improper interrogation practices, or failure to provide proper legal business warnings.
THE IMPORTANCE OF HIRING AN EXPERIENCED CRIMINAL DEFENSE LAWYER
A solicitation charge can have serious repercussions, but with a skilled Missouri defense attorney, there are opportunities to challenge the evidence, negotiate for reduced charges, or seek alternative sentencing options.
An experienced defense lawyer will analyze every detail of the case, from the initial police investigation to the prosecution’s evidence, to identify weaknesses and build a strong defense strategy.
CALL KC DEFENSE COUNSEL TODAY
Solicitation charges in Missouri are complex and carry significant penalties. At KC Defense Counsel, our affordable Kansas City criminal defense attorneys can help you weather the storm. Whether the charge involves prostitution, drugs, or another offense, understanding the legal definition, potential consequences, and available defenses is essential.
With the guidance of a seasoned Kansas City criminal defense attorney, you can navigate the legal system more effectively, protect your rights, and work toward the best possible outcome in your case.