California Penal Code Section 653f(b) PC: Solicitation to Commit Murder

Solicitation to commit murder is one of the most serious non-violent inchoate offenses under California criminal law.

Defined under California Penal Code Section 653f(b) PC, this crime occurs when an individual asks, encourages, commands, or entreats another person to commit murder, intending that the murder actually be carried out.

Unlike an attempted murder charge, solicitation to commit murder does not require an overt act toward executing the killing, nor does it require that the solicited individual agree to or perform the act.

The crime is complete the moment the request or encouragement is made with the requisite intent. Because of the extreme gravity of the intended result, prosecutors treat PC 653f(b) as a major felony carrying lengthy state prison sentences.

What Is the Statutory Language of PC 653f(b)

California law sets strict evidentiary standards and severe penalties for soliciting another person to commit murder.

Statutory Text of PC 653f(b)

"Every person who, with the intent that the crime be committed, solicits another to commit or join in the commission of murder shall be punished by imprisonment in the state prison for three, six, or nine years."

Statutory Text of PC 653f(f) – Proof Requirement

"An offense charged under this section shall be proved by the testimony of two witnesses, or of one witness and corroborating circumstances."

What Are Key Statutory Definitions Under PC 653f(b)?

To understand how PC 653f(b) operates in court, it is essential to evaluate the statutory definitions of its core components:

Solicit: Asking, requesting, commanding, encouraging, enticing, or employing another person to perform an act or join in its commission.
Specific Intent: The underlying mental state requiring that the defendant truly intended for the requested murder to be executed, rather than uttering an angry outburst, joke, or hyperbole.
Murder: Defined under California Penal Code Section 187 PC as the unlawful killing of a human being or fetus with malice aforethought.
Corroborating Circumstances: Independent evidence—such as wiretaps, recorded phone calls, text messages, financial transactions, or undercover police recordings—that supports single-witness testimony.

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

To secure a conviction for solicitation to commit murder, the prosecution must establish the following legal elements beyond a reasonable doubt:

Request or Encouragement: You asked, requested, commanded, or encouraged another person to commit murder or help commit murder.
Specific Intent that Murder Be Committed: At the time of the request, you intended that the murder actually be committed.
Communication: The other person received or heard the request, command, or encouragement.
Evidentiary Corroboration: The offense was proven by the testimony of at least two witnesses, or by one witness plus corroborating physical, digital, or circumstantial evidence.

Crucial Legal Note: It is not a defense that the person solicited refused the request, failed to act, agreed but never intended to follow through, or was an undercover police officer or police informant.

Summary Comparison of Inchoate Murder Charges in California

Statutory Offense & Authority	Required Action / Conduct	Statutory Classification & Penalties
Solicitation to Commit Murder (PC 653f(b))	Asking, commanding, or encouraging another to commit murder with intent that it occurs.	Straight Felony; 3, 6, or 9 years in state prison.
Attempted Murder (PC 664/187)	Direct, overt step toward killing a human being, coupled with intent to kill.	Felony; 5, 7, or 9 years (2nd Degree) or Life with Parole (1st Degree).
Conspiracy to Commit Murder (PC 182 / 187)	Agreement between two or more people to commit murder, plus at least one overt act.	Felony; 25 years to life or Life without Parole (same as completed murder).

What Are the Penalties for a PC 653f(b) Conviction?

Solicitation to commit murder under California Penal Code Section 653f(b) PC is a straight felony that cannot be reduced to a misdemeanor under Penal Code 17(b) PC.

Felony Prison Sentences

3, 6, or 9 years served in California state prison.
Criminal fines of up to $10,000 (plus mandatory penalty assessments).
Formal felony probation (if probation is granted under rare mitigating circumstances).

Additional Mandatory and Collateral Consequences

California Three Strikes Law: A conviction for PC 653f(b) constitutes a serious felony and a "strike" under PC 1192.7(c), doubling sentences for any future felony convictions.
Loss of Firearm Rights: Lifetime ban on owning, possessing, or purchasing firearms under PC 29800.
Immigration Consequences: Classified as an aggravated felony involving moral turpitude, leading to deportation, denial of naturalization, or inadmissibility for non-citizens.

What Defense Strategies Can Challenge a PC 653f(b) Charge?

An experienced California criminal defense attorney at Esfandi Law Group can employ several strategic defenses to challenge solicitation to commit murder charges:

Lack of Specific Intent / Lack of Serious Purpose: Demonstrating that the statements were made during a momentary fit of rage, frustration, or drunken exaggeration without genuine intent that anyone be killed.
Insufficient Corroboration (PC 653f(f)): Seeking dismissal if the state relies on a single informant or witness whose claims are not supported by a second witness or independent corroborating evidence (e.g., audio recordings or financial records).
Entrapment by Law Enforcement: Showing that an undercover officer or police informant generated the idea, persuaded, coerced, or badgered an otherwise innocent person into making a solicitation statement they would not have made on their own.
False Accusations and Fabrication: Uncovering motives for confidential informants, ex-spouses, or co-defendants to invent or exaggerate statements to gain plea deals or leverage in family law matters.

What Is a Hypothetical Example of a PC 653f(b) Case?

The Scenario

During a messy business breakup, Victor repeatedly complains to a contractor, Mark, that his ex-business partner ruined his life. In an angry bar conversation, Victor says, "I'd pay ten thousand dollars to anyone who makes him disappear permanently." Mark contacts local law enforcement, claiming Victor tried to hire him as a hitman.

Detectives set up an undercover operation in which an officer contacts Victor and offers to "take care of the job." Victor immediately panics, refuses to meet, and texts back stating he was just venting while drunk and never wanted anyone hurt. Nevertheless, prosecutors charge Victor with violating PC 653f(b) based on Mark's statement.

The Legal Defense

Victor retains defense counsel, who moves to challenge the charge under Penal Code 653f(f). Counsel demonstrates that Mark is a single witness with no physical or digital corroboration showing a real offer, exchange of funds, or specific intent. Counsel uses Victor's immediate refusal of the undercover officer's prompt as evidence that Victor lacked the specific intent for a murder to be executed.

The Outcome

Because the prosecution cannot satisfy the statutory corroboration rule under PC 653f(f) or establish specific intent beyond a reasonable doubt, the judge grants the defense motion to dismiss the felony solicitation charge prior to trial.

How Do Related California Laws Impact PC 653f(b) Cases?

Understanding related statutes is critical, as prosecutors frequently join or evaluate alternative charges in solicitation and conspiracy investigations.

Related statutes matter because prosecutors use overlapping inchoate and threat charges to increase potential custody time or offer alternative plea-bargain resolutions during pre-trial negotiations:

California Penal Code Section 187 PC – Murder: The underlying offense that forms the basis of the solicitation charge.
California Penal Code Section 664/187 PC – Attempted Murder: Criminalizes taking a direct, overt step toward killing another person with intent to kill.
California Penal Code Section 182 PC – Criminal Conspiracy: Penalizes agreeing with one or more individuals to commit a crime accompanied by an overt act.
California Penal Code Section 422 PC – Criminal Threats: Prosecutes threatening death or great bodily injury, placing a victim in sustained, reasonable fear.
California Penal Code Section 653f(a) PC – Solicitation of Other Felonies: Criminalizes soliciting another to commit crimes such as carjacking, robbery, or burglary.

Frequently Asked Questions (FAQs)

Can I be convicted of PC 653f(b) if the person I asked refused to commit the murder?

Yes. Solicitation to commit murder does not require that the solicited person agree, take action, or follow through. The crime is complete the moment the request is communicated with the intent that the murder occur.

What is the statutory corroboration requirement under Penal Code 653f(f)?

California law strictly requires that a charge of solicitation to commit murder be proven by either two witness testimonies OR one witness testimony backed by corroborating evidence (such as wiretap audio, text messages, or bank withdrawals). A single uncorroborated witness is legally insufficient for a conviction.

What is the difference between solicitation to commit murder and criminal conspiracy?

Solicitation involves a unilateral request or command asking someone else to commit murder, requiring no agreement or overt act. Criminal conspiracy requires an explicit agreement between two or More parties plus at least one overt act taken toward completing the crime.

Is solicitation to commit murder considered a "strike" under California law?

Yes. A conviction under Penal Code Section 653f(b) PC is classified as a serious felony under PC 1192.7(c), making it a mandatory "strike" under California's Three Strikes Law.

Can entrapment be used as a defense if an undercover officer was involved?

Yes. If an undercover officer or police informant planted the idea of murder in your mind and persuaded or pressured you into soliciting them when you had no prior disposition to commit the crime, entrapment serves as a complete legal defense.

Speak to a Criminal Defense Attorney For Help

Facing allegations of solicitation to commit murder under Penal Code Section 653f(b) PC exposes you to serious felony penalties, state prison sentences, and a permanent criminal record.

Defending against these complex inchoate charges requires evaluating police recording logs, challenging witness credibility, and enforcing strict statutory corroboration rules.

At Esfandi Law Group, our Los Angeles criminal defense team brings decades of trial experience defending clients against high-stakes felony prosecutions across Southern California.

Speak to a Los Angeles criminal defense attorney today for a confidential consultation. Call us or use the contact form.

Solicit to Commit Murder