Incitement

Glossary category

What is Incitement?

Table of Contents

  • Incitement – definition
  • Key aspects of the concept
    • Examples of use of “Incitement”
  • See also

Incitement – definition

In criminal law, incitement refers to the act of encouraging, persuading, or otherwise influencing another person to commit a criminal offense. It involves intentionally urging or provoking someone to engage in illegal conduct, even if the crime itself is not ultimately committed. The focus of incitement is on the inciter’s conduct aimed at producing a criminal act by another, making it an inchoate (incomplete) offense that allows intervention before the substantive crime occurs.

 

Incitement can be expressed through words, gestures, threats, pressure, or any form of communication that seeks to instigate a crime. The inciter must have the intention that the person incited will carry out the offense, and the act of incitement itself is punishable regardless of whether the incited crime happens. This legal concept acts as a preventive measure in criminal law to deter and penalize conduct that leads others toward criminal behavior.

Key aspects of the concept

  • Incitement is the intentional act of influencing or encouraging another person to commit a criminal offense.
  • The inciter’s conduct can be verbal, written, or by gestures, including threats or pressure.
  • The incited crime need not actually occur for incitement to be punishable.
  • Incitement is an inchoate offense, allowing law enforcement to intervene early.
  • There must be a clear communication to the person incited, with an opportunity to act on the incitement.
  • The inciter’s mental state must show intent or at least knowledge that the incitement would likely lead to the crime.
  • Some jurisdictions have specific statutory offenses for incitement related to particular crimes like murder, perjury, or public incitement to hatred.
  • In Polish criminal law, incitement similarly involves willful urging another to commit a prohibited act, with liability arising only when there is direct influence toward the crime.

Examples of use of “Incitement”

  • Encouraging someone to commit robbery by providing detailed instructions and offering assistance.
  • Publishing material that explicitly urges readers to manufacture illegal drugs.
  • Threatening another person to induce them to commit assault.
  • Urging a group to engage in a riot or violent demonstration.

See also

  • Solicitation
  • Aiding and Abetting
  • Conspiracy
  • Accessory Before the Fact