Solicitation to Commit a Crime in California
Penal Code 653f PC – Criminal Solicitation Law Explained
California Penal Code 653f makes it illegal to solicit another person to commit certain serious crimes. Solicitation means encouraging, requesting, commanding, enticing, recruiting, or urging someone else to commit a criminal act.
Importantly, the crime of solicitation is complete even if:
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The other person never agrees
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The crime is never carried out
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No harm ultimately occurs
If you are accused of solicitation under California law, the charge itself can carry severe felony penalties and long-term consequences.
What Is Solicitation Under Penal Code 653f?
Under California Penal Code 653f, a prosecutor must prove beyond a reasonable doubt that:
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You requested or encouraged another person to commit a specified crime
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You intended for that crime to be committed
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The other person received your communication
The focus is on your words and intent — not whether the crime actually happened.
Solicitation can occur through:
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Letters
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Phone calls
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Text messages
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Emails
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In-person conversations
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Third-party intermediaries
The communication must reach the person being solicited.
What Crimes Are Covered Under PC 653f?
Not all crimes qualify under this statute. Penal Code 653f applies to solicitation of specific serious offenses, including:
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California Penal Code 187 – Murder
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California Penal Code 459 – Burglary
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California Penal Code 211 – Robbery
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California Penal Code 215 – Carjacking
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California Penal Code 207 – Kidnapping
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California Penal Code 487 – Grand theft
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California Penal Code 245 – Assault with a deadly weapon
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California Penal Code 451 – Arson
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California Penal Code 496 – Receiving stolen property
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California Penal Code 518 – Extortion
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California Penal Code 118 – Perjury
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California Penal Code 136.1 – Dissuading a witness
Being accused of loitering near a school in California can result in criminal charges under Penal Code 653b, fines, and a lasting record. Because these offenses are serious felonies, prosecutors treat solicitation charges aggressively.
Common Types of Solicitation Charges
Solicitation to Commit Murder
Under Penal Code 653f(b), solicitation to commit murder is a felony punishable by:
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3, 6, or 9 years in state prison
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Fine up to $10,000
Solicitation to Commit a Sex Crime
Soliciting someone to commit certain sex crimes is also a felony and may include:
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Up to 4 years in state prison
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Mandatory lifetime sex offender registration
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Fine up to $10,000
Solicitation to Commit a Drug Crime
Soliciting certain drug offenses may be charged as a misdemeanor, punishable by:
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Up to 1 year in county jail
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Fine up to $1,000
Is Penal Code 653f a Wobbler?
Many solicitation offenses are wobblers, meaning prosecutors may file the charge as either:
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A misdemeanor
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A felony
If filed as a felony, potential penalties may include:
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16 months, 2 years, or 3 years in county jail
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Significant fines
Collateral consequences may include:
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Loss of professional license
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Firearm prohibition
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Parole or probation supervision
What Must the Prosecutor Prove?
To secure a conviction, the prosecution must show:
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A direct request or encouragement
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Specific intent for the crime to occur
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Communication was actually received
California law typically requires:
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Two witnesses, or
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One witness plus corroborating evidence
Corroborating evidence may include:
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Recorded communications
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Letters or text messages
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Jail calls
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Surveillance
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Admissions
The alleged victim need not consent to the commission of the crime.
Common Defenses to Solicitation Charges
An experienced criminal defense attorney may assert several defenses.
Insufficient Evidence
If prosecutors lack two witnesses or sufficient corroboration, the case may fail.
Lack of Intent
You must have intended for the crime to be committed. Words taken out of context or jokes do not automatically qualify.
False Accusations
The alleged solicited person may have motive to lie to avoid their own prosecution.
Entrapment
If law enforcement induced or pressured you into making the request, entrapment may apply.
Coerced Confession
Statements obtained through coercion or constitutional violations may be suppressed.
Early intervention can sometimes prevent formal filing through pre-filing negotiation.
Frequently Asked Questions
Can I be convicted if the crime never happened?
Yes. The crime of solicitation is complete once the request is made with intent and received.
Does the other person have to agree?
No. Agreement or completion is not required.
Is solicitation always a felony?
Not always. Some solicitation charges are misdemeanors, while others are felonies, depending on the underlying crime.
Can jail phone calls be used as evidence?
Yes. Jail calls and written communications are commonly used in solicitation cases.
Can solicitation charges be dismissed?
Yes. Weak evidence, lack of intent, or constitutional violations can result in dismissal or reduction.
Los Angeles Solicitation Defense Attorneys
Solicitation charges are serious because they often involve underlying violent or felony allegations. Prosecutors treat these cases aggressively, especially when recorded communications are involved.
Cron, Israels & Stark represents clients throughout Southern California facing solicitation and serious felony charges.
Based in Los Angeles, our attorneys:
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Analyze communication evidence
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Challenge witness credibility
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File suppression motions
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Negotiate reduced charges
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Prepare aggressively for trial
If you are accused of solicitation under Penal Code 653f, contact our office for a confidential case evaluation.
Early legal strategy can significantly impact the outcome of your case.