Criminal solicitation is a distinct charge from the crime it targets — it punishes asking, encouraging, or requesting someone else to commit a specific crime, regardless of whether that person ever agreed to do it or took any action at all. That structure makes solicitation one of the broadest inchoate offenses in California law, and one where the exact words used matter enormously.
What the Law Actually Requires
Under Penal Code § 653f[1], it's a crime to solicit another person to commit one of a specific list of serious offenses — including murder, robbery, burglary, carjacking, arson, and several other enumerated felonies — with the intent that the crime actually be committed. Unlike conspiracy, solicitation doesn't require any agreement or overt act by the person solicited; the crime is complete the moment the solicitation is made with the required intent, even if the other person immediately refuses or reports it to police.
The List of Qualifying Crimes Is Specific and Limited
Solicitation under Section 653f applies only to the specific offenses listed in the statute — it isn't a general catch-all for asking someone to commit any crime whatsoever. Whether the underlying request actually matches one of the enumerated offenses is an important threshold question in evaluating whether the statute even applies to a given case.
Penalties Vary by the Underlying Crime Solicited
Penalties under this statute vary depending on which specific crime was solicited — solicitation of murder, for example, carries a more severe sentencing range than solicitation of some of the other listed property crimes. In each case, the punishment is tied to the seriousness of the crime that was allegedly being solicited, not to any harm that actually resulted, since often nothing did.
Specific Intent Is Essential — Not Just Careless or Exaggerated Speech
Because the statute requires that the solicitation be made with the specific intent that the crime actually be committed, offhand, exaggerated, or clearly non-serious statements — the kind of thing said in anger or frustration without any real intention behind it — don't meet the legal standard, even if the words themselves reference a serious crime. Context, tone, and the surrounding circumstances of a statement are often central to whether that intent can actually be established.
These Cases Often Involve Recorded or Reported Communications
Because solicitation is based entirely on what was said, these cases frequently hinge on text messages, recorded calls, or the testimony of the person who was allegedly solicited — evidence that can be incomplete, taken out of context, or filtered through a witness with their own motivations for how they report the conversation.
Solicitation Is Legally Distinct From Conspiracy and Attempt
Solicitation, conspiracy, and attempt are three separate inchoate offenses with different required elements: solicitation requires only the request itself, conspiracy requires an actual agreement plus an overt act, and attempt requires a direct act toward the crime's commission. A case that doesn't fit the specific elements of one of these charges may still potentially fit another, which makes accurately identifying which statute actually applies to the alleged conduct important from the outset.
How Solicitation Cases Move Through Chino Hills Courts
A solicitation charge arising in Chino Hills is arraigned at the Rancho Cucamonga Justice Center[2], proceeding through a preliminary hearing given the felony-level nature of the offenses covered by this statute.
What a Solicitation Defense Typically Examines
- Whether the underlying crime allegedly solicited actually falls within the specific list covered by Penal Code 653f
- Whether the evidence establishes genuine specific intent, as opposed to exaggerated, sarcastic, or non-serious speech
- Whether recorded or reported communications are being accurately characterized and interpreted
- Whether the alleged conduct more accurately fits a different charge, such as conspiracy or attempt, or no charge at all
Questions about your case? Call (323) 622-4951. Free, confidential, 24/7.
Frequently Asked Questions
Does the person I allegedly solicited have to agree to commit the crime?
No — solicitation is complete the moment the request is made with the required specific intent, regardless of whether the other person agrees, refuses, or reports it to police.
Can I be charged with solicitation for something I said in anger without meaning it?
The statute requires specific intent that the crime actually be committed — genuinely non-serious, exaggerated, or angry statements without real intent behind them shouldn't meet that legal standard, though this is often a contested factual issue.
Does solicitation apply to any crime I ask someone else to commit?
No — Penal Code 653f applies only to a specific list of serious enumerated offenses, not to a general request to commit any crime whatsoever.
Facing a Solicitation Charge in Chino Hills?
Whether the words used actually establish the specific intent the law requires is usually the deciding issue in these cases. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
