Answering FAQs About Solicitation Charges in New Mexico

Answering FAQs About Solicitation Charges in New Mexico

Getting charged with solicitation in New Mexico can be scary. You probably have a lot of questions about what solicitation is, what the penalties are, and what defenses you might have. This article will try to answer some frequently asked questions in a simple, conversational way to help you understand the basics. We’ll also link out to more detailed articles on specific laws and cases for those who want to dig deeper.

What exactly is “solicitation” in New Mexico?

Solicitation involves requesting, encouraging, or outright demanding that someone else commit a crime^[1]. For example, asking someone to sell you illegal drugs would be solicitation. Or offering money to someone to beat up your enemy would also count. The key is that you are trying to get someone else to commit a criminal act, even if you don’t plan to do it yourself.

Some common types of solicitation charges in New Mexico include:

• Soliciting prostitution – Asking someone to engage in prostitution with you
• Soliciting drug sales – Trying to buy illegal drugs
• Soliciting assault/battery – Asking someone to physically harm another person

So if you request, encourage, or demand that someone else break the law, you could face solicitation charges in New Mexico. It doesn’t matter if the other person actually commits the crime or not. Just trying to get them to do it is enough.

What are the penalties for solicitation in New Mexico?

The penalties for solicitation depend on what crime you asked someone else to commit^[4]. In general though, solicitation charges are misdemeanors in New Mexico. Some potential penalties include:

• Up to 1 year in jail
• Fines up to $1,000
• Probation
• Community service

Soliciting more serious crimes like murder can be charged as felonies though. Those carry even harsher penalties like multiple years in prison. The details really depend on what crime you solicited. Talk to a lawyer to understand the potential penalties for your specific charges.

What are some defenses against solicitation charges?

There are a few main ways to defend against solicitation charges in New Mexico:

• You didn’t actually solicit anything – Argue that you didn’t request or encourage a crime
• Entrapment – Claim you were illegally entrapped by police
• Mistaken identity – Argue you are being confused with someone else

One of the most common defenses is to argue that you didn’t actually solicit criminal activity^[6]. For example, perhaps the accusation is a misunderstanding, or police misinterpreted your actions. If you can show no solicitation actually happened, you should be found not guilty.

You could also claim entrapment if you were unfairly induced into solicitation by police. This applies if police pressured you into soliciting a crime you otherwise wouldn’t have. But the bar is high to prove entrapment.

In some cases, you may be misidentified and wrongly accused of solicitation. This mistaken identity defense challenges whether you actually committed the crime at all. An alibi could help prove it wasn’t you.

Talk to a criminal defense lawyer to understand if any defenses apply to your specific case. Don’t just assume you have no options. An attorney may find ways to fight the charges.

How does solicitation differ from conspiracy charges?

Solicitation and conspiracy are related but legally distinct crimes. The key difference is that with solicitation, only one person (you) intends to commit a crime^[1]. You solicit someone else to commit the criminal act. But with conspiracy, two or more people plan together to commit a crime.

For example:

• You offer someone money to rob a store – solicitation (you are soliciting them to commit robbery)
• You and a friend plan together to rob a store – conspiracy (you are conspiring together to commit robbery)

So if you work with others to plan a crime, you could face conspiracy charges rather than solicitation. Both are serious crimes, but conspiracy is considered more severe under New Mexico law.

When does free speech become illegal solicitation?

The line between free speech and criminal solicitation can be blurry. As a general rule, discussing illegal acts is protected under the First Amendment, but actively trying to get someone to commit a crime crosses the line.

For example:

• Saying “Robbing banks would be an easy way to make money” – protected speech
• Saying to your friend “You should rob that bank on 5th street tomorrow and we’ll split the money” – illegal solicitation

When you move from abstract advocacy of law-breaking to urging someone specific to commit a concrete crime, you’ve likely crossed into illegal solicitation. Context matters too, so courts look at the whole situation. It’s a complex issue, so talk to a lawyer if you have concerns about free speech vs. solicitation.

What about soliciting prostitution specifically – how does that work?

Soliciting prostitution is unfortunately common in New Mexico. This crime involves offering to pay someone for a sexual act, or agreeing to perform a sexual act for money^[4].

Penalties for soliciting prostitution depend on your criminal record, but may include:

• Up to 1 year in jail
• Fines up to $1,000
• Community service
• Probation

Defenses like entrapment, mistaken identity, or arguing no solicitation occurred may work. Some also argue they were seeking legal forms of sex work, not prostitution. There are cases where charges have been dropped against websites advertising legal forms of sex work.

Overall, it’s a complex issue, but the risks of getting charged are high. Talk to a lawyer before doing anything that could be interpreted as soliciting prostitution. There are often ways to fight the charges, but it’s better to avoid the situation if possible.

What about soliciting minors online – what laws apply there?

Soliciting sexual contact with minors online leads to very serious charges in New Mexico. Even if you never meet the minor in person, soliciting them for sexual material or activity is against the law.

Potential charges include:

• Child solicitation by electronic device – Felony
• Enticement of a child – Felony

Penalties can include years in prison and sex offender registration. Simply using the internet to solicit crimes against children is treated harshly.

Defenses focus on lack of intent, mistaken identity, or arguing the online chat wasn’t true solicitation. But these cases are very challenging to fight. Avoid any activity that could be seen as soliciting minors online – the risks are immense. Get a lawyer immediately if you are charged.

What about telephone solicitation – are sales calls illegal?

Most legitimate telemarketing and telephone sales calls are legal in New Mexico. However, certain aggressive practices are banned^[5]:

• Robocalls with prerecorded sales pitches are prohibited
• Calls before 8am or after 9pm are not allowed

Violating these telemarketing laws can lead to civil penalties up to $1,500 per call. But simply calling people to promote business or ask for donations is generally allowed during normal business hours.

Some people consider aggressive sales calls at dinner time to be “soliciting.” But from a legal perspective, legitimate telemarketing is not criminal solicitation and is handled through regulatory agencies like the FTC.

What about nonprofit solicitation and charity registration?

Nonprofits and charities often solicit donations. But they need to follow state charity registration laws^[2]. Key requirements include:

• Registering with the NM Attorney General before soliciting
• Renewing registration annually
• Paying registration fees
• Following reporting requirements

Violations can lead to late fees up to $500. But properly registered nonprofits can legally solicit donations in NM. This is very different from criminal solicitation laws.

Some scammers pretend to be charities soliciting donations but keep the money. That can become fraud or theft. But again, it’s different from criminal solicitation of crimes.

What should I do if charged with solicitation in New Mexico?

If charged with any crime like solicitation, your first step is to hire a criminal defense lawyer. Never try to represent yourself. An experience attorney knows how to evaluate your case and build an effective defense.

Your lawyer can also negotiate with prosecutors, argue to get charges reduced or dismissed, and represent you in court. Trying to save money by not hiring an attorney will likely backfire.

Evaluate lawyers carefully to find someone experienced with solicitation charges. Be upfront about your case and concerns. Ask about their track record with similar cases.

Don’t just plead guilty without talking to a lawyer. There may be defenses worth pursuing. So get professional advice about your options.

Solicitation charges should always be taken seriously in New Mexico. But an experienced criminal defense lawyer can help you understand the laws and build the strongest case. Don’t wait to seek legal help.

The Bottom Line

Solicitation can lead to misdemeanor or even felony charges in New Mexico. While penalties vary, all solicitation accusations should be addressed promptly with legal guidance. An attorney may find defenses based on free speech, entrapment, or mistaken identity. Understanding key laws around solicitation, prostitution, telemarketing, and nonprofit registration is crucial. We hope this article helped explain the basics in an approachable way. But there’s no substitute for professional legal advice when facing criminal charges. Don’t hesitate to contact an attorney if you need help fighting solicitation allegations.

References

1. 1. https://newmexicocriminallaw.com/solicitation-can-arrested/