What is the legal definition of incitement?

What is the legal definition of incitement?

In criminal law: Attempt. Thus, the offense of incitement or solicitation consists of urging or requesting another to commit a crime. Certain specified types of solicitation may be criminal, such as solicitation of a bribe, solicitation for immoral purposes, or incitement of members of the armed forces to mutiny.

What does it mean to be charged with incitement?

(1) A person who urges the commission of an offence is guilty of the offence of incitement. (2) For the person to be guilty, the person must intend that the offence incited be committed.

What does the law say about inciting a riot?

Under California Penal Code Section 404.6 PC, it is unlawful to incite a riot, even if the defendant does not participate in the riot or actually commit a violent act as part of the resulting riot.

What is the mens rea for incitement?

The Mens Rea of Incitement Hamilton 28 stated that mens rea required an accompanying “intent or conscious disregard of [emphasis added] the substantial and unjustified risk inherent in the counselling.” 29 Recent writings on English law have favoured a stricter approach.

What is an example of incitement?

The definition of incite is to rile people up or to inspire and encourage specific behavior. An example of incite is when you get people so mad that they start a riot. To rouse, stir up or excite. The judge was told by the accused that his friends had to incite him to commit the crime.

How do you prove incitement?

To cross the legal threshold from protected to unprotected speech, the Supreme Court held the speaker must intend to incite or produce imminent lawless action, and the speaker’s words or conduct must be likely to produce such action.

What is incitement?

“incitement(n): an act of urging on or spurring on or rousing to action or instigating…” However, it should be emphasised that under the common law – incitement is not in itself a crime, unless what was incited was a criminal offence.

Is inciting violence legal?

Federal law also prohibits inciting, assisting, or engaging in any rebellion or insurrection against the authority, laws, or operations of the U.S. Government. To convict, the prosecutor must show the defendant knowingly committed an overt act to further insurrection.

Is incitement of violence free speech?

“Imminent lawless action” is a standard currently used that was established by the United States Supreme Court in Brandenburg v. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely.

What causes incitement?

California. California makes it a misdemeanor to engage in conduct that urges others to riot, commit acts of force or violence, or commit acts of burning or destroying property. The person must intend that the conduct causes such conduct.

How do you use incite?

Incite in a Sentence 🔉

1. The racist man tried to incite hatred in his children by telling them falsehoods about minority groups.
2. During the pep rally, the cheerleaders worked hard to incite school spirit.
3. The Christian network will not air any programs that incite violence or hate.

What is the dictionary definition of incite?

verb (used with object), in·cit·ed, in·cit·ing. to stir, encourage, or urge on; stimulate or prompt to action: to incite a crowd to riot.