New York State - Penal - PEN - Part 3 - Title G - Article 100
ARTICLE 100 CRIMINAL SOLICITATION
Section 100.00 Criminal solicitation in the fifth degree.
100.05 Criminal solicitation in the fourth degree.
100.08 Criminal solicitation in the third degree.
100.10 Criminal solicitation in the second degree.
100.13 Criminal solicitation in the first degree.
100.15 Criminal solicitation; no defense.
100.20 Criminal solicitation; exemption.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
Section 100.00 Criminal solicitation in the fifth degree.
100.05 Criminal solicitation in the fourth degree.
100.08 Criminal solicitation in the third degree.
100.10 Criminal solicitation in the second degree.
100.13 Criminal solicitation in the first degree.
100.15 Criminal solicitation; no defense.
100.20 Criminal solicitation; exemption.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
