New York State Law
Penal Law
Consolidated Laws of New York's Penal code
Article 100 - NY Penal Law
CRIMINAL SOLICITATION
| Section | Offense | Class |
|---|---|---|
| 100.00 | Criminal solicitation in the fifth degree. | VIOLATION |
| 100.05 | Criminal solicitation in the fourth degree. | A MISD |
| 100.08 | Criminal solicitation in the third degree. | E FELONY |
| 100.10 | Criminal solicitation in the second degree. | D FELONY |
| 100.13 | Criminal solicitation in the first degree. | C FELONY |
| 100.15 | Criminal solicitation; no defense. | |
| 100.20 | Criminal solicitation; exemption. |
S 100.00 Criminal solicitation in the fifth degree. A person is guilty of criminal solicitation in the fifth degree when, with intent that another person engage in conduct constituting a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the fifth degree is a violation. S 100.05 Criminal solicitation in the fourth degree. A person is guilty of criminal solicitation in the fourth degree when: 1. with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct; or 2. being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the fourth degree is a class A misdemeanor. S 100.08 Criminal solicitation in the third degree. A person is guilty of criminal solicitation in the third degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the third degree is a class E felony. S 100.10 Criminal solicitation in the second degree. A person is guilty of criminal solicitation in the second degree when, with intent that another person engage in conduct constituting a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the second degree is a class D felony. S 100.13 Criminal solicitation in the first degree. A person is guilty of criminal solicitation in the first degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct. Criminal solicitation in the first degree is a class C felony. S 100.15 Criminal solicitation; no defense. It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct solicited or of the defendant`s criminal purpose or to other factors precluding the mental state required for the commission of the crime in question. S 100.20 Criminal solicitation; exemption. A person is not guilty of criminal solicitation when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the crime solicited. When under such circumstances the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the crime solicited, the actor is guilty of such related and separate offense only and not of criminal solicitation. Top of Page
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