Much has been discussed to know whether the solicitation is a felony or misdemeanor. The idea behind solicitation is an act in which a person violently, aggressively or boldly forces someone to serve as a prostitute or engage in sexual activities. The penalty or punishment for committing solicitation, whether it should be taken as a felony or misdemeanor, depends upon the different classification that can be expressly stated or expressed in the court.
If a person who solicits another person to commit a felony, then the person has solicited the other person to commit a crime which can have harsh penalties, depending upon the severity of the crime. In this case, it would depend upon that solicitation if it is under a Class A, Class B1 or Class C felony. If the solicitation is committed as Class H felony then it is a Class 1 misdemeanor and the solicitation to commit a Class 1 felony is a Class 2 misdemeanor.
So whether or not solicitation is a felony or misdemeanor, depends entirely upon the different classification which is expressly stated or explained in the court. Furthermore, if a person who solicits another person to commit a misdemeanor, would be guilty of a Class 3 misdemeanor. However, the significance of making the distinction of whether the solicitation is a felony or misdemeanor also depends upon the fact if the solicitation was done within the elements of the prostitution crime. It also depends upon the subject matter jurisdiction if the court has exclusive jurisdiction to state whether they treat solicitation as a misdemeanor or felony, under the situational circumstances. Judging whether the solicitation is a felony or misdemeanor, it is necessary to know that for misdemeanors, all person(s) are accounted as principals and will have no criminal liability. In case of felonies, the accomplice liability is divided into principals in the first and the second degree.
Difference between a Felony and Misdemeanor
A felony is stated as a crime and may be punishable by death, depending on the circumstance or nature of the crime. It may also be punishable by life imprisonment, depending upon the nature or the intensity of the crime. Whereas, a misdemeanor can be regarded as a minor unlawful doing, which is less severe and less serious than a felony. The penalties for a misdemeanor are also less as compared with a felony. If a person is convicted of a misdemeanor, with no specific classification or condition, and if no punishment or penalty is prescribed by the court that it would be counted as a Class 1 misdemeanor. It would not have a specific punishment and it can be decided by the statute of having less or more than six months of imprisonment. If the maximum punishment of imprisonment is more than 30 days and not more than six months then it is a Class 2 misdemeanor. Furthermore, if maximum imprisonment is 30 days and a fine charge then it would be a Class 3 misdemeanor. Normally, solicitation is a felony or a solicitation is decided in court and is normally taken as a felony under the given circumstances and severity of the sexual crimes committed.