California Penal Code 653f criminalizes soliciting another person to commit specific crimes. Essentially, 'solicitation' involves encouraging, promoting, asking, pleading, commanding, enticing, recruiting, or urging someone to commit a crime.
Such contact to solicit a crime can take place through nearly any form of communication. The main elements of criminal solicitation include the particular words intended to encourage another person to commit a crime, the intent to perform the crime, and whether the person solicited received the communication.
It is important to note that under Penal Code 653f, you can be convicted of solicitation to commit a crime even if the person you solicited never agreed to or completed the crime.
In other words, requesting someone to commit a crime is enough to prosecute for soliciting that crime, but not all crimes fall under Penal Code Section 653f.
Definition of Penal Code 653f PC
Penal Code 653f PC says."Anyone who solicits another person to accept, bribe, commit carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, kidnapping, arson, or assault with a deadly weapon, or anything that can cause great bodily injury, or uses threats or force to prevent someone from becoming a witness from testifying."
To be convicted of PC 653f, the prosecutor must prove all elements outlined in CALCRIM 441 Jury Instructions. This includes that you requested someone else to commit a crime with the intent for the crime to be carried out, and that the other person received your communication.
Crimes That Apply to PC 653f
The crimes in California related to Penal Code 653f, which involves soliciting someone to commit a crime, include:
- Penal Code 487 - Grand Theft
- Penal Code 187 - Murder
- Penal Code 518 - Extortion
- Penal Code 459 - Burglary
- Penal Code 211 - Robbery
- Penal Code 215 - Carjacking
- Penal Code 207 - Kidnapping
- Penal Code 470 - Forgery
- Penal Code 118 - Perjury
- Penal Code 136.1 - Dissuading a witness
- Penal Code 496(a) - Receiving stolen property
What are the Related Crimes?
- Penal Code 653f(b) - Solicitation to Commit Murder: Soliciting another person to commit murder is a felony in California, punishable by 3, 6, or 9 years in state prison and a fine of up to $10,000.
- Penal Code 653f(c) - Solicitation to Commit a Sex Crime: Soliciting someone to commit a sex crime, such as rape by force, sodomy by force, or oral copulation by force, is also a felony. Penalties include up to 4 years in a California state prison, mandatory lifetime sex offender registration, and fines up to $10,000.
- Penal Code 653f(d) - Solicitation to Commit a Drug Crime: Soliciting someone to commit a drug offense, like selling or transporting controlled substances, is a misdemeanor. It can result in up to one year in county jail and a $1,000 fine.
Penalties for Soliciting a Crime
California Penal Code 653f, which addresses solicitation of other offenses, classifies these offenses as "wobblers." This means the prosecutor has the discretion to charge them as either misdemeanors or felonies. A misdemeanor conviction can lead to penalties of up to one year in county jail and a fine. Conversely, a felony conviction can result in a jail term ranging from 16 months to 3 years.
A conviction for soliciting a crime may lead to probation or parole, loss of professional licenses and gun rights, and deportation for undocumented immigrants.
What Must Be Proven to Convict?
To secure a conviction, a prosecutor must demonstrate beyond a reasonable doubt that you encouraged or requested another person to commit a crime, intended for them to do so, and that they actually received your communication.
Proving solicitation to commit a crime usually requires testimony from at least two witnesses or a single witness supported by corroborating evidence.
These witnesses are generally the people who were solicited to commit the crime. Corroborating evidence is any proof linking you to the crime, distinct from witness testimony.
Corroborating evidence may consist of your actions or statements that demonstrate a pattern linking you to the act of soliciting a crime.
Remember, the person being solicited doesn't need to agree to commit a crime, and the prosecutor isn't required to prove that a crime was actually committed.
How to Challenge Soliciting a Crime Charges
Our California criminal defense lawyers will analyze all case details to develop the best possible strategy.
The prosecutor must present either two witnesses or one witness complemented by corroborating evidence. If they cannot provide either, we may argue that they lack credible witnesses or sufficient corroboration.
It could be argued that you were falsely accused by someone trying to evade prosecution, indicating the accuser might have an incentive to lie. By casting doubt on the charges, you improve your chances of avoiding a conviction. Other possible defenses could be police entrapment or a coerced confession.
If you're charged with solicitation to commit a crime under California Penal Code 653f, contact our criminal defense attorneys for a case evaluation and to explore your options. We might prevent formal charges by acting before a case is filed. Reach out to the Hedding Law Firm for a review of your case.
