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

Under California Penal Code Section 653f PC, it is a criminal offense to solicit another person to commit certain specific felonies or crimes.

In legal terms, "solicitation" occurs when an individual encourages, asks, commands, entices, recruits, or urges someone else to commit an offense with the intent that the crime actually be carried out.

Many people mistakenly assume that if the person being asked refuses, or if the target crime is never actually executed, no law has been broken.

However, under PC 653f, the criminal act is completed the moment the request is communicated with the requisite fraudulent or felonious intent—regardless of whether the solicited crime was ever agreed upon, attempted, or completed.

What Is the Statutory Language of PC 653f?

The core statutory text of California Penal Code 653f PC outlines the prohibited conduct across several distinct categories:

"Every person who, with the intent that the crime be committed, solicits another to offer, accept, or give a bribe, or to commit carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, subornation of perjury, forgery, kidnapping, arson, or assault with a deadly weapon or instrument or by means of force likely to produce great bodily injury, or, by the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from attending or testifying, shall be punished..."

What Are the Key Statutory Definitions Under PC 653f?

Understanding the legal terminology behind Penal Code 653f PC is essential for evaluating potential charges:

Solicitation: Offering, asking, commanding, begging, urging, entreating, or inciting another person to participate in or commit a qualifying offense. Solicitation can occur orally, in writing, electronically, or through indirect signals.
Specific Intent: The defendant must have acted with the explicit purpose and intent that the solicited crime actually be committed, rather than making a joke, expressing frustration, or speaking hyperbolically.
Receipt of Communication: The person targeted by the solicitation must have actually received or understood the request. If a letter is sent but intercepted before delivery, charges may instead be framed as attempted solicitation.
Corroboration Requirement: Under California law, a defendant cannot be convicted of solicitation based solely on the uncorroborated testimony of a single witness unless that testimony is supported by secondary evidence or a second witness.

What Must Prosecutors Prove to Convict You Under PC 653f?

To secure a conviction for solicitation to commit a crime under Penal Code 653f PC, the prosecution must prove all of the following elements beyond a reasonable doubt (CALCRIM No. 441):

Request or Encouragement: You requested, encouraged, urged, or commanded another person to commit one of the specific criminal acts listed under PC 653f.
Specific Intent: At the time of the request, you intended that the targeted crime actually be committed by the other person (or alongside them).
Receipt: The other person received and understood the communication.
Evidentiary Corroboration: The crime is proven by the testimony of at least two witnesses, or one witness plus independent corroborating evidence that connects you to the solicitation.

What Are the Penalties for a PC 653f Conviction in California?

Penalties for criminal solicitation depend on the specific underlying offense requested and whether the prosecutor files the charge as a misdemeanor or a felony:

General Felonies (PC 653f(a)): Charged as a wobbler, punishable as a misdemeanor with up to 1 year in county jail, or as a felony with 16 months, 2 years, or 3 years in county jail, plus fines up to $10,000.
Solicitation to Commit Murder (PC 653f(b)): Charged as a straight felony carrying 3, 6, or 9 years in California state prison and fines up to $10,000.
Solicitation to Commit Sex Crimes (PC 653f(c)): Charged as a straight felony punishable by 2, 3, or 4 years in state prison, fines up to $10,000, and mandatory lifetime sex offender registration.
Solicitation of Controlled Substance Offenses (PC 653f(d)): Charged as a misdemeanor or felony carrying up to 1 year in county jail for minor offenses, or state prison terms for large-scale drug sales or manufacturing.

Summary Comparison of Primary PC 653f Subsections

The table below outlines how California law categorizes and penalizes different classifications of criminal solicitation:

California Code Section	Target Crime Solicited	Charge Classification & Max Penalties
Penal Code 653f(a) PC	General Felonies (Robbery, Burglary, Arson, Kidnapping, Perjury)	Wobbler (Up to 1 year for Misdemeanor / 16 mos, 2, or 3 years for Felony)
Penal Code 653f(b) PC	Solicitation to Commit Murder	Straight Felony (3, 6, or 9 years in California state prison)
Penal Code 653f(c) PC	Solicitation of Severe Sex Crimes (Rape by Force, Sodomy by Force)	Straight Felony (Up to 4 years state prison; Mandatory Sex Offender Registration)

How Can You Defend Against PC 653f Charges?

Experienced criminal defense attorneys employ several proven strategies to challenge solicitation charges:

Lack of Corroboration

California law strictly requires either two witnesses to the solicitation OR one witness plus independent corroborating evidence. If the prosecution only relies on the word of a single uncorroborated informant or alleged co-conspirator, the charges cannot stand as a matter of law.

Lack of Specific Intent

If your statements were made in jest, out of extreme emotional frustration, or as exaggerated hyperbole without any actual intention that a crime be committed, you lack the required specific intent for a PC 653f conviction.

False Accusation or Fabrication

In many cases, an alleged target of a solicitation fabricates claims to gain leverage in their own criminal case or to divert police attention away from themselves. Demonstrating a witness's motive to lie can create significant reasonable doubt.

Entrapment

If law enforcement officers or undercover agents coerced, pressured, or induced you into making a solicitation that you would not have otherwise made, an entrapment defense may apply.

What Is a Hypothetical Example of a PC 653f Case?

Consider a scenario where an individual is held in a Los Angeles County jail facility while awaiting trial on robbery charges. After learning that a key prosecution witness has made damaging statements to investigators, the inmate writes a letter to an associate outside.

In the letter, the inmate explicitly asks the associate to track down the witness, offer them money to skip court, and threaten physical harm if they decide to testify. Sheriff's deputies intercept the letter during routine inmate mail inspection before it reaches the outside recipient.

Because the inmate wrote and sent explicit instructions requesting that someone intimidate a witness (dissuading a witness under PC 136.1) and pay a bribe, the inmate can be charged with solicitation under Penal Code 653f PC. Even if the recipient never received or carried out the request, sending the letter shows specific intent and the act of asking someone to commit a qualifying felony.

What Are Related Offenses for Penal Code 653f PC?

Related California offenses matter because prosecutors often combine these charges or offer plea bargains that reduce a Penal Code 653f PC offense to a lesser statute based on intent and evidence.

Penal Code 182 PC – Criminal Conspiracy: Applies when two or more people formally agree to commit a crime and take at least one overt act toward completing it.
Penal Code 664 PC – Attempted Crime: Covers taking a direct, ineffective step toward completing a crime beyond mere preparation or solicitation.
Penal Code 136.1 PC – Dissuading or Intimidating a Witness: Prohibits attempting to prevent or discourage a victim or witness from reporting a crime or testifying in court.
Penal Code 211 PC – Robbery: Prohibits the felonious taking of personal property in the possession of another from their person or immediate presence against their will by force or fear.
Penal Code 459 PC – Burglary: Prohibits entering a residential or commercial structure with the intent to commit grand theft, petty theft, or any felony once inside.

Frequently Asked Questions (FAQs)

Can you be convicted of solicitation if the other person immediately said no?

Yes. Penal Code 653f PC penalizes asking, encouraging, or requesting someone to commit a qualifying crime. The targeted person's refusal, acceptance, or inaction does not change whether the crime of solicitation was completed.

What is the legal difference between solicitation and conspiracy in California?

Solicitation requires asking someone to commit a crime, but it does not require an agreement or any physical steps toward the crime. Conspiracy (PC 182) requires an actual mutual agreement between two or more people PLUS an overt act toward completing the crime.

How does the prosecution satisfy the corroboration requirement under PC 653f?

Prosecutors must present testimony from two independent witnesses who heard or saw the solicitation, OR one witness along with corroborating physical evidence—such as text messages, audio recordings, letters, or wiretaps.

Is solicitation to commit murder a strike under California's Three Strikes Law?

Yes. Solicitation to commit murder under Penal Code 653f(b) PC is classified as a serious felony, making it a "strike" under California's Three Strikes Law, which carries enhanced prison terms for subsequent felony convictions.

Can a conviction for Penal Code 653f PC be expunged?

If you are convicted of a misdemeanor or wobbler PC 653f offense, successfully complete probation, and satisfy all court obligations, you may petition the court for an expungement under California Penal Code 1203.4 PC.

Consult a Criminal Defense Lawyer

Charges of solicitation to commit a crime under California Penal Code 653f PC can carry severe, lifelong penalties, including prison time, mandatory registration, and a permanent criminal record.

At the Esfandi Law Group, an experienced Los Angeles criminal defense attorney understands California evidentiary standards, including the strict corroboration requirements under PC 653f.

We aggressively challenge witness credibility, suppress illegally obtained communications, and seek a full dismissal or reduction of charges during pre-filing interventions and pretrial proceedings.

Contact our legal team today to schedule a confidential case evaluation.

Solicit to Commit a Crime