Solicitation to Commit a Crime in California: Penal Code 653f PC Defense Guide

California Penal Code 653f PC defines the serious criminal offense of soliciting another person to commit specific crimes.

 In Los Angeles and throughout Southern California, prosecutors treat criminal solicitation with extreme gravity, often pursuing heavy felony charges even if no underlying crime ever took place.

Legal Definition and Statutory Text

 Under California Penal Code 653f(a) PC:

"Every person who solicits another to offer or accept or join in the offer or acceptance of a bribe, or to commit or join in the commission of [specified serious crimes], shall be punished by imprisonment in the county jail for not more than one year or pursuant to subdivision (h) of Section 1170, or by the fine of not more than ten thousand dollars ($10,000), or the amount of the full financial gain resulting from the offense, whichever is greater, or by both that fine and imprisonment."

Key Statutory Definitions

• Solicitation: Requesting, commanding, encouraging, enticing, recruiting, or urging another individual to commit a specified criminal offense.

• Completion of Crime: The crime of solicitation is legally complete the moment the request is made with the intent that the crime be committed and the communication is received; no agreement, completion of the target crime, or actual harm is required.

• Corroborating Evidence Requirement: Under California law, a conviction for solicitation cannot be secured based solely on the testimony of one witness; it typically requires the testimony of two witnesses, or one witness plus strong corroborating evidence (such as text messages, audio recordings, or letters).

What Must Be Proven to Convict Under PC 653f?

To secure a conviction under Penal Code 653f, the prosecution must prove the following legal elements beyond a reasonable doubt:

• Direct Request: You requested, commanded, or encouraged another person to commit a qualifying felony offense.

• Specific Intent: You acted with the explicit intent that the crime actually be committed.

• Actual Communication: The communication was successfully received by the person being solicited.

• Statutory Scope: The targeted offense is one of the specific crimes enumerated under PC 653f (such as murder, robbery, kidnapping, grand theft, or extortion).

Hypothetical Examples

• Example 1: An individual offers a third party money via text message to physically assault a business rival, constituting solicitation to commit assault even though the recipient ignores the message and no assault takes place.

• Example 2: During a recorded phone call from jail, an inmate asks a friend to retrieve and destroy property linked to an ongoing criminal case, triggering solicitation to commit witness dissuasion or evidence tampering.

• Example 3: A person venting in a private conversation makes an angry, exaggerated figure-of-speech remark wishing someone harm, which is later misconstrued and reported as a solicitation to commit murder.

Related California Offenses

Understanding related offenses is critical because prosecutors frequently file solicitation charges alongside substantive conspiracy or attempt allegations arising from the same core set of facts.

• California Penal Code 182 PC (Conspiracy): Criminalizes an agreement between two or more people to commit any crime, accompanied by an overt act in furtherance of that agreement.

• California Penal Code 21a PC (Attempt): Punishes a direct step taken toward committing a crime with the specific intent to commit it, falling short of actual completion.

• California Penal Code 136.1 PC (Dissuading a Witness): Specifically penalizes preventing or attempting to prevent a victim or witness from attending or testifying at a trial.

• California Penal Code 653b PC (Loitering Near Schools): Addresses loitering about any school or public place where children gather without lawful business, representing another specialized statute often encountered in complex charging scenarios.

Penalties and Sentencing

Penalties for violating Penal Code 653f vary widely depending on the underlying offense charged. Many provisions are wobblers, meaning they can be filed as misdemeanors or felonies:

Category	Misdemeanor Penalties	Felony Penalties
Incarceration	Up to 1 year in county jail	State prison terms ranging from 16 months, 2 years, 3 years, up to 3, 6, or 9 years (e.g., solicitation to commit murder)
Fines & Fees	Statutory fines up to $1,000	Statutory fines up to $10,000 or full financial gain
Probation & Collateral	Summary probation and community service	Formal felony probation, permanent criminal record, firearm prohibitions, and potential lifelong sex offender registration for specific sex crimes

Legal Defenses to PC 653f Charges

An experienced criminal defense attorney can raise several robust defenses to combat solicitation allegations:

• Insufficient Corroborating Evidence: Because California statutory law mandates strict corroboration (two witnesses or one witness plus independent evidence), lack of physical or electronic proof is a powerful defense.

• Lack of Specific Intent: The prosecution must prove you genuinely intended for the crime to occur. Jokingly venting, speaking in hyperbole, or making statements taken out of context do not meet this standard.

• Entrapment: If law enforcement officers or government informants used overbearing persuasion, pressure, or fraud to induce you into making a solicitation request you would not have otherwise made, entrapment applies.

• False Allegations or Motive to Lie: The individual claiming to have been solicited often has a direct incentive to fabricate or exaggerate statements to secure a plea deal or deflect their own criminal liability.

Frequently Asked Questions (FAQs)

Can I be convicted of solicitation if the targeted crime never actually took place?

Yes. The crime of solicitation is legally complete the moment the request or encouragement is made with the requisite intent and successfully received by the other party. Actual completion of the offense is completely irrelevant to guilt.

Does the person I solicited have to agree to commit the crime?

No. Agreement, acceptance, or participation by the solicited party is not required. Even if the recipient immediately refuses or reports the interaction to law enforcement, the solicitation charge stands.

Are all solicitation offenses treated as felonies in California?

Not necessarily. While severe crimes like murder, robbery, or kidnapping carry strict felony sentences (up to 9 years in prison), solicitation of certain lesser offenses can be charged as misdemeanors carrying up to one year in county jail.

Can recorded jail phone calls or text messages be used as evidence against me?

Yes. Law enforcement and prosecutors routinely rely on recorded jail phone communications, text messages, emails, and third-party letters as primary corroborating evidence in solicitation trials.

Can criminal solicitation charges be dismissed before going to trial?

Yes. Through early legal intervention, pre-filing negotiations, or suppression motions challenging unlawful wiretaps or constitutional violations, an experienced attorney can frequently secure a reduction or complete dismissal of charges.

Los Angeles Solicitation Defense Representation

Facing charges under Penal Code 653f requires an immediate, sophisticated legal defense. The attorneys at Cron, Israels & Stark thoroughly analyze communication records, challenge witness credibility, and fight to protect your freedom throughout Southern California.

Contact our office today at (424) 372-3112 for a confidential case evaluation.