Alaska Statutes

Alaska Stat. § 11.31.110 (2026)

Solicitation

✓ current as of July 2026

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Sec. 11.31.110. Solicitation.
(a) A person commits the crime of solicitation if, with intent to cause another to engage in conduct constituting a crime, the person solicits the other to engage in that conduct.

(b) In a prosecution under this section,
     (1) it is not a defense
          (A) that the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the solicitation; or

          (B) that a person whom the defendant solicits could not be guilty of the crime that is the object of the solicitation;

     (2) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, after soliciting another person to engage in conduct constituting a crime, prevented the commission of the crime.

(c) Solicitation is
     (1) an unclassified felony if the crime solicited is murder in the first degree;

     (2) a class A felony if the crime solicited is an unclassified felony other than murder in the first degree;

     (3) a class B felony if the crime solicited is a class A felony;

     (4) a class C felony if the crime solicited is a class B felony;

     (5) a class A misdemeanor if the crime solicited is a class C felony;

     (6) a class B misdemeanor if the crime solicited is a class A or class B misdemeanor.

(d) If the crime solicited is an unclassified crime described in a state law which is not part of this title and no provision for punishment of a solicitation to commit the crime is specified, the punishment for the solicitation is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime solicited is punishable by an indeterminate or life term, the solicitation is a class A felony.

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1982–2023 · leading case: Smith v. State, 948 P.2d 473 (Alaska 1997).

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Smith v. State, 948 P.2d 473 (Alaska 1997). · cites it 2× “110 (accountability for causing another to engage in proscribed conduct); AS 11.31.110 (soliciting criminal conduct by another).”

Bachlet v. State, 941 P.2d 200 (Alaska Ct. App. 1997). · cites it 4× “060; AS 11.31.110(a) and AS 11.71.040(a)(2). Superior Court Judge Mark C.”

Sullivan v. State, 766 P.2d 51 (Alaska Ct. App. 1988). · cites it 3× “110(c)(3), soliciting a person to commit the offense of sexual abuse of a child in the second degree would, like attempt, be punishable as a class C felony.”

Braun v. State, 911 P.2d 1075 (Alaska Ct. App. 1996). · cites it 3× “Under AS 11.31.110(a), Braun would be guilty of solicitation “if, [acting] with intent to cause [the girls] to engage in conduct constituting a crime, [Braun] solicited] the [girls] to engage in that conduct.”

Gargan v. State, 805 P.2d 998 (Alaska Ct. App. 1991). · cites it 2× “-200(a) and AS 11.31.110(a), and tampering with physical evidence, in violation of AS 11.”

Cassell v. State, 645 P.2d 219 (Alaska Ct. App. 1982). “We note that under AS 11.31.110, the provision of the Alaska Revised Criminal Code dealing with inciting commission of a crime, an “intent to cause another to engage in conduct constituting a crime” is specifically required as an element of the offense.”

People v. Shafou, 330 N.W.2d 647 (Mich. 1982). · cites it 2× “…stage, he could be imprisoned for not more than 5 years. MCL 750.92(2); MSA 28.287(2). 41 See Ala Code § 13A-4-1; Alaska Stat § 11.31.110; Ariz Rev Stat Ann §§ 13-1002, 13-1005; Ark Stat Ann §§ 41-705, 41-706; Colo Rev Stat §§ 18-2-101, 18-2-301; Fla Stat § 777.04; Hawaii…”

Monroe v. State, 752 P.2d 1017 (Alaska Ct. App. 1988). “AS 11.31.110(c)(2); AS 11.46.400. The maximum sentence for a class B felony is ten years’ imprisonment; presumptive terms are four years for a second felony offender and six years for a third felony offender.”

Jerel Tremayne Williams v. State of Alaska, 480 P.3d 95 (Alaska Ct. App. 2021). “He urges this Court to interpret the exception to require joint participation by both spouses in a criminal endeavor before permitting the introduction of a defendant’s marital communications. Williams’s argument is based on federal case law recognizing, under common law, a…”

Marshall v. State, 198 P.3d 567 (Alaska Ct. App. 2008). “Marshall next claims that Clossey and Haas solicited his participation in the delivery in violation of AS 11.31.110(a). But to the extent that the police and informants set up drug transactions, their conduct is justified.”

Zemljich v. Mun. of Anchorage, 151 P.3d 471 (Alaska Ct. App. 2006). “See AS 11.31.110, AS 11.41.434, & AS 12.55.125(c) (solicitation of first-degree sexual abuse of a minor is a class A felony with a sentencing range of up to 20 years); AS 28.”

Marzak v. State, 796 P.2d 1374 (Alaska Ct. App. 1990). “100(a)(1) and AS 11.31.110; attempted murder in the first degree, AS 11.”

Show all 15 citing cases →

— Alaska Stat. § 11.31.110(a) — 6 cases

Bachlet v. State, 941 P.2d 200 (Alaska Ct. App. 1997). “060; AS 11.31.110(a) and AS 11.71.040(a)(2). Superior Court Judge Mark C.”

Gargan v. State, 805 P.2d 998 (Alaska Ct. App. 1991). “-200(a) and AS 11.31.110(a), and tampering with physical evidence, in violation of AS 11.”

Braun v. State, 911 P.2d 1075 (Alaska Ct. App. 1996). “Under AS 11.31.110(a), Braun would be guilty of solicitation “if, [acting] with intent to cause [the girls] to engage in conduct constituting a crime, [Braun] solicited] the [girls] to engage in that conduct.”

Sullivan v. State, 766 P.2d 51 (Alaska Ct. App. 1988). “110(c)(3), soliciting a person to commit the offense of sexual abuse of a child in the second degree would, like attempt, be punishable as a class C felony.”

Jerel Tremayne Williams v. State of Alaska, 480 P.3d 95 (Alaska Ct. App. 2021). “He urges this Court to interpret the exception to require joint participation by both spouses in a criminal endeavor before permitting the introduction of a defendant’s marital communications. Williams’s argument is based on federal case law recognizing, under common law, a…”

— Alaska Stat. § 11.31.110(b)(1)(B) — 1 case

Braun v. State, 911 P.2d 1075 (Alaska Ct. App. 1996). “Under AS 11.31.110(a), Braun would be guilty of solicitation “if, [acting] with intent to cause [the girls] to engage in conduct constituting a crime, [Braun] solicited] the [girls] to engage in that conduct.”

— Alaska Stat. § 11.31.110(c)(2) — 1 case

Monroe v. State, 752 P.2d 1017 (Alaska Ct. App. 1988). “AS 11.31.110(c)(2); AS 11.46.400. The maximum sentence for a class B felony is ten years’ imprisonment; presumptive terms are four years for a second felony offender and six years for a third felony offender.”

— Alaska Stat. § 11.31.110(c)(3) — 1 case

Sullivan v. State, 766 P.2d 51 (Alaska Ct. App. 1988). “110(c)(3), soliciting a person to commit the offense of sexual abuse of a child in the second degree would, like attempt, be punishable as a class C felony.”

— Alaska Stat. § 11.31.110(c)(4) — 1 case

P.S. v. State, 655 P.2d 1319 (Alaska Ct. App. 1982).

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