Incitement

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.Incitement was an offence under the common law of England and Wales. It was an inchoate offence. It consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime.To procure means to produce by endeavour. You procure a thing by setting out to see that it happens and taking the appropriate steps to produce that happening. We think that there are plenty of instances in which a person may be said to procure the commission of a crime by another even though there is no sort of conspiracy between the two, even though there is no attempt at agreement or discussion as to the form which the offence should take.In our view, the argument for the prosecution here gives no effect to the word 'knowing' in , and in our view could only be guilty.. if the woman solicited that, that is, the woman agent sent to collect the allowance, knew that the action she was asked to carry out amounted to an offence.... we have therefore come to the conclusion, with regret, that the indictment does not disclose an offence known to the law because it cannot be a crime on the part of this girl aged 15 to have sexual intercourse with her father, though it is of course a crime and a very serious crime, on the part of the father. There is here incitement to a course of conduct, but that course of conduct cannot be treated as a crime by the girl.It is regrettable indeed that a man who importunes his daughter under the age of 16 to have sexual intercourse with him but does not go beyond incitement cannot be guilty of a crime.In New Zealand, every one who incites any person to commit an offence is a party to and guilty of the offence and liable for the same penalty as a person who commits the offence.The First Amendment to the United States Constitution guarantees free speech, and the degree to which incitement is protected speech is determined by the imminent lawless action test introduced by the 1969 Supreme Court decision in the case Brandenburg v. Ohio. The court ruled that incitement of events in the indefinite future was protected, but encouragement of 'imminent' illegal acts was not protected. This 'view reflects longstanding law and is shared by the Federalist Society, the ACLU, the Foundation for Individual Rights in Education, and the vast majority of Americans, including most staunch free-speech advocates.'