People v. Burt, 51 A.L.R. 2d 948 (Cal. 1955). · Go Syfert
People v. Burt, 51 A.L.R. 2d 948 (Cal. 1955). Cases Citing This Book View Copy Cite
106 citation events (23 in the last 25 years) across 12 distinct courts.
Strongest positive: People v. Rowe (calctapp, 2014-04-04)
Treatment trajectory · 1957 → 2026 · click a year to view as-of
1957 1991 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Rowe
Cal. Ct. App. · 2014 · confidence medium
The crime “is complete once the verbal request is made with the requisite criminal intent; the harm is in asking, and it is punishable irrespective of the reaction of the person solicited.” (In re Ryan N. (2001) 92 Cal.App.4th 1359, 1377 [ 112 Cal.Rptr.2d 620 ]; accord, People v. Wilson (2005) 36 Cal.4th 309, 328 [ 30 Cal.Rptr.3d 513 , 114 P.3d 758 ]; see People v. Bell (1988) 201 Cal.App.3d 1396, 1399 [ 248 Cal.Rptr. 57 ] [it is irrelevant that the person solicited did not actually intend to aid and abet the solicitor]; People v. Cook (1984) 151 Cal.App.3d 1142, 1145 [ 199 Cal.Rptr. 269 ]…
discussed Cited as authority (rule) Pamblanco v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
The reason is that the laws against solicitation are “concerned not only with the prevention of the harm that would result should the inducements prove successful, but with protecting inhabitants of this state from being exposed to inducements to commit or join in the commission of the crime specified.... ” Miller v. State, 430 So.2d 611, 614 (Fla. 4th DCA 1988) (quoting People v. Burt, 45 Cal.2d 311 , 288 P.2d 503, 505 (1955)).
discussed Cited as authority (rule) People v. Superior Court
Cal. · 2007 · confidence medium
Code, § 653f.) The solicitation is complete once the request is made (People v. Burt (1955) 45 Cal.2d 311, 314 [ 288 P.2d 503 ]) and is punishable “irrespective of the reaction of the person solicited.” (In re Ryan N. (2001) 92 Cal.App.4th 1359, 1377 [ 112 Cal.Rptr.2d 620 ].) In this case, the solicitation was complete early in Decker’s first conversation with Holston, when he asked Holston to kill Donna.
discussed Cited as authority (rule) Initiative & Referendum Institute v. United States Postal Service
D.C. Cir. · 2005 · confidence medium
The prostitute's subsequent decision to engage or not to engage in a sexual act with her customer is not essential to th[is] crime[].”); People v. Burt, 45 Cal.2d 311 , 288 P.2d 503, 505 (1955) ("[Solicitation of a felony,] unlike conspiracy, does not require the commission of any overt act.
cited Cited as authority (rule) People v. Terrell Opinion text corrected
Ill. App. Ct. · 2003 · confidence medium
App. 3d at 593 , 755 N.E.2d at 1020 , quoting People v. Burt, 45 Cal. 2d 311, 314 , 288 P.2d 503, 505 (1955).
discussed Cited as authority (rule) People v. Kauten
Ill. App. Ct. · 2001 · confidence medium
In so holding, these courts have reasoned that a state is rightly concerned "not only with the prevention of the harm that would result should the inducements prove successful, but with protecting inhabitants of [the] state from being exposed to inducements to commit or join in the commission of the crimes specified." (Emphasis added.) People v. Burt , 45 Cal. 2d 311, 314 , 288 P.2d 503, 505 (1955); see also Miller v. State , 430 So. 2d 611, 614-15 (Fla. App. 1983); Martin v. State , 763 P.2d 711, 713 (Okla.
discussed Cited as authority (rule) People v. Saephanh
Cal. Ct. App. · 2000 · confidence medium
(Benson v. Superior Court (1962) 57 Cal.2d 240, 243 [ 18 Cal.Rptr. 516 , 368 P.2d 116 ]; People v. Burt (1955) 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) Uncommunicated soliciting messages do not expose others to inducements to commit crimes.
discussed Cited as authority (rule) Hatch v. Superior Court
Cal. Ct. App. · 2000 · confidence medium
(See also People v. Burt (1955) 45 Cal.2d 311, 313-314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) “[S]ection 27, subdivision (a)(1), affords our courts jurisdiction over crimes partially committed within this state, and section 778a, subdivision (a), affords our courts jurisdiction over crimes committed outside the state if the defendant formed the intent and committed ‘any act’ within this state in whole or partial execution of that intent.” (People v. Morante, supra, 20 Cal.4th at p. 434 .) The First Amendment challenge, while more substantial than the commerce clause argument, still must …
discussed Cited as authority (rule) Jack Lauren Martin v. Stephen W. Kaiser Attorney General, State of Oklahoma
10th Cir. · 1990 · confidence medium
Cf. State v. Self, 75 Or.App. 230 , 706 P.2d 975 (1985) (“one may be criminally liable in Oregon for soliciting the commission of a crime in another state, so long as that other state’s offense has a counterpoint under Oregon law.”); People v. Burt, 45 Cal.2d 311 , 288 P.2d 503, 506 (1955) (solicitation of a person in California to commit a crime outside the state is an offense under the California solicitation statute); Miller v. State, 430 So.2d 611 (Fla.App.1983) (“rationale of the Burt decision prohibiting criminal solicitation no matter where the actual crime is to be committed [i…
discussed Cited as authority (rule) Martin v. State (2×) also: Cited "see"
Okla. Crim. App. · 1988 · confidence medium
Accordingly, we find persuasive Justice Traynor’s opinion for the California Supreme Court in People v. Burt, 45 Cal.2d 311 , 288 P.2d 503, 505 (1955).
discussed Cited as authority (rule) State v. Waskin
Fla. Dist. Ct. App. · 1985 · confidence medium
This is so because the laws against solicitation are "concerned not only with the prevention of the harm that would result should the inducements prove successful, but with protecting inhabitants of this *494 state from being exposed to inducements to commit or join in the commission of the crime specified... ." Miller v. State, 430 So.2d 611, 614 (Fla. 4th DCA 1983) (quoting People v. Burt, 45 Cal.2d 311, 313 , 288 P.2d 503, 505 (1955)).
cited Cited as authority (rule) State v. Robertson
Iowa · 1984 · confidence medium
People v. Burt, 45 Cal.2d 311, 316 , 288 P.2d 503, 507 (1955).
discussed Cited as authority (rule) People v. Bottger
Cal. Ct. App. · 1983 · confidence medium
The solicitee’s expected state of mind and action in carrying out the request is irrelevant. “[Solicitation] is complete when the solicitation is made, and it is immaterial that the object of the solicitation is never consummated, or that no steps are taken toward its consummation.” (People v. Burt (1955) 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) It is immaterial that the solicitee may be an undercover agent whose only intent is to arrest the solicitor.
discussed Cited as authority (rule) People v. Gordon
Cal. Ct. App. · 1975 · confidence medium
The offense of solicitation “is complete when the solicitation is made, and it is immaterial that the object of the solicitation is never consummated, or that no steps are taken toward its consummation.” (People v. Burt, 45 Cal.2d 311, at p. 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) Penal Code section 653f is not as defendant contends, an unconstitutional infringement by the Legislature on freedom of speech.
discussed Cited as authority (rule) People v. Dudley
Cal. App. Dep’t Super. Ct. · 1967 · confidence medium
In another context where solicitation was the forbidden act the Supreme Court stated: “ [Solicitation is inimical to the public welfare and to the safety and morals of the inhabitants of this state, regardless of where the solicited acts are to be performed. . . .” (People v. Burt (1955) 45 Cal.2d 311 at p. 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) In light of such policy it seems that a construction which would make public solicitation lawful merely because the solicited act was to be done in private could be based only upon “an overly refined inquiry into the meaning of words” 5 ignor…
discussed Cited as authority (rule) People v. Litt (2×)
Cal. Ct. App. · 1963 · confidence medium
The offense proscribed by section 653f is solicitation (Benson v. Superior Court, 57 Cal.2d 240 [ 18 Cal.Rptr. 516 , 368 P. 116 ] ; People v. Rissman, 154 Cal.App.2d 265 [ 316 P.2d 60 ]), not bribery; the information charges solicitation; and the evidence fully proves the crime, Defendant was charged with a “. . . violation of section 653f, Penal Code of California,” in that on July 20, 1961, he “did wilfully, unlawfully and feloniously solicit another, to wit, Martin Bryman, to commit and join in the commission of the crime of Bribery.” Thus, without substance is the claim that the in…
discussed Cited as authority (rule) People v. Jackson (2×)
Cal. · 1963 · confidence medium
Speaking of another statute—Penal Code section 653f, in which the legislative intention appears no more clearly than in section 11501—Mr. Justice Traynor for a unanimous court said (Benson v. Superior Court (1962), supra, 57 Cal.2d 240, 243 [4]) : “ That section is designed not only to prevent solicitations from resulting in the commission of the crimes solicited, but to protect ‘inhabitants of this state from being exposed to inducement to commit or join in the commission of the crimes specified. . . .’ (People v. Burt, 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) ‘Purp…
discussed Cited as authority (rule) People v. Jackson
Cal. · 1963 · confidence medium
Speaking of another statute--Penal Code section 653f, in which the legislative intention appears no more clearly than in section 11501--Mr. Justice Traynor for a unanimous court said (Benson v. Superior Court (1962), supra, 57 Cal.2d 240, 243 [4]): "That section is designed not only to prevent solicitations from resulting in the commission of the crimes solicited, but to protect 'inhabitants of this state from being exposed to inducement to commit or join in the commission of the crimes specified. ...' (People v. Burt, 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) 'Purposeful solicit…
discussed Cited as authority (rule) Benson v. Superior Court
Cal. · 1962 · confidence medium
That section is designed not only to prevent solicitations from resulting in the commission of the crimes solicited, but to protect "inhabitants of this state from being exposed to inducement to commit or join in the commission of the crimes specified. . . ." (People v. Burt, 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ].) "Purposeful solicitation presents dangers calling for preventive intervention and is sufficiently indicative of a disposition towards criminal activity to call for liability.
discussed Cited as authority (rule) People v. Anderson
Cal. · 1961 · confidence medium
As to offenses commenced in California and consummated without the state we recognize that “the Legislature is not ordinarily concerned with regulating conduct in other jurisdictions.” (People v. Burt (1955), 45 Cal.2d 311, 314 [1] [ 288 P.2d 503 , 51 A.L.R.2d 948 ]; People v. Buffum (1953), supra, 40 Cal.2d 709, 716 [1].) But California has a legitimate interest in applying its penal sanctions to those who by misrepresentations in this state lure persons and their property from this state to another jurisdiction for the purpose of there appropriating the property.
discussed Cited as authority (rule) Greenblatt v. Munro
Cal. Ct. App. · 1958 · confidence medium
“It is complete when the solicitation is made, and it is immaterial that the object of the solicitation is never consummated, or that no steps are taken toward its consummation.” (People v. Burt (1955), 45 Cal. 2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ] ; see also 14 Cal.Jur.2d 224.) As to (3), appellant contends that the statements made to Madsen by appellant’s employees were hearsay as to him, and that section 11513, Government Code, requires more than hearsay evidence. .That section states: “. . .
discussed Cited as authority (rule) People v. Rissman (2×)
Cal. Ct. App. · 1957 · confidence medium
The offense “is complete when the solicitation is made, and it is immaterial that the object of the solicitation is never consummated, or that no steps are taken toward its consummation.” (Pe ople v. Burt, 45 Cal.2d 311, 314 [ 288 P.2d 503 , 51 A.L.R.2d 948 ]; anno: 51 A.L.R.2d 953 , 956.) The intent of defendant to solicit another to offer and to join in the offer of a bribe to obtain liquor licenses as charged in Counts I and III was clearly established.
examined Cited "see" United States v. Benton (3×)
usnmcmilrev · 1979 · signal: see · confidence high
See People v. Burt, 45 Cal.2d 311 , 288 P.2d 503 , 51 A.L.R.2d 948 (1955); see also United States v. Holiday, 4 U.S.C.M.A. 454, 458 , 16 C.M.R. 28, 32 (1954) (in which the Court of Military Appeals points out that Article 117, UCMJ, 10 U.S.C. § 817 , proscribing provocation of offenses, is designed to prevent the use of violence by the person to whom the provocation is directed, and to forestall the commission of an offense by an otherwise innocent party).
Retrieving the full opinion text from the archive…
The PEOPLE, Respondent,
v.
JOHN JAMES BURT, Appellant
Crim. 5715.
California Supreme Court.
Oct 21, 1955.
51 A.L.R. 2d 948
Jefferson & Jefferson, Martha Malone Jefferson and Bernard S. Jefferson for Appellant., Edmund G. Brown, Attorney General, and William E. J ames, Deputy Attorney General, for Respondent.
Traynor.
Cited by 38 opinions  |  Published
TRAYNOR, J.

— Defendant was charged by information with violating section 653f of the Penal Code in that he ‘‘solicit[ed the prosecutrix] to commit and join in the commission of the crime of Extortion.” After a trial by the court sitting without a jury, defendant was found guilty. His motion for a new trial was denied, but the proceedings were suspended and he was placed on probation. He appeals from the order granting probation (Pen. Code, § 1237) and from the order denying his motion for a new trial.

The evidence presented at the trial established that defendant solicited the prosecutrix in Los Angeles to get acqainted with men at hotels in the Los Angeles area and to persuade them to accompany her to Tijuana, Mexico, to engage in sexual intercourse, and to join with defendant’s associate in committing acts in Mexico that would constitute extortion as defined in section 518 of the Penal Code. * The[*313] prosecutrix reported the solicitations to the police and the scheme was never carried out.

The basic question raised on appeal is whether it is a punishable offense in California to solicit a person to commit or join m the commission outside of California of any of the crimes mentioned in section 653f of the Penal Code. Defendant contends that to punish him for soliciting in this state the performance of acts outside this state that would amount to “extortion.” as that word is defined in section 518 of the Penal Code, is to punish him for acts to be done outside this state and thus without the jurisdiction of the California courts.

In support of this contention defendant invokes People v. Buffum, 40 Cal.2d 709 [256 P.2d 317]. In that case the court stated: “The object of defendants’ agreement, as alleged in the indictment, was ‘to violate section 274, Penal Code of the State of California. ’ No other unlawful purpose was stated, and defendants, of course, cannot be punished for conspiracy unless the doing of the things agreed upon would amount to a violation of section 274. The statute makes no reference to the place of performance of an abortion, and we must assume that the Legislature did not intend to regulate conduct taking place outside the borders of the state. [Citations.] Similarly, section 182 of the Penal Code, standing alone, should not be read as applying to a conspiracy to commit a crime in another jurisdiction.” (40 Cal.2d 709, 715.) In the present case, however, we are not concerned with a statute prohibiting a conspiracy “to commit any crime,” however petty, or to commit the numerous other acts listed in section 182. Two or more persons may conspire to commit an act in another state that would not be a crime there but would be a crime if committed in this state, or that would not be a crime here but would be a crime in the other state. Similar conflicts in the law of this state and of other states would also arise in applying the other four subdivisions of section 182 when the acts are to be performed[*314] in another state. Section 653f, however, prohibits the solicitation of only 12 of the most serious crimes, all of which are felonies under the law of this state and at common law and are crimes under the law of all civilized nations. Since the Legislature is not ordinarily concerned with regulating conduct in other jurisdictions (People v. Buffum, supra, 40 Cal.2d 709, 716), and since section 182 suggests no answer to the many difficult questions that would otherwise arise from the conflict in California law and the law of other states, that section may reasonably be interpreted as limited to conspiracies to commit crimes in this state. It does not follow, however, that when the Legislature has singled out the solicitation of the most serious of crimes, it likewise intended to punish their solicitation only when they were to be committed in this state. Legislative concern with the proscribed soliciting is demonstrated not only by the gravity of the crimes specified but by the fact that the crime, unlike conspiracy, does not require the commission of any overt art. It is complete when the solicitation is made, and it is immaterial that the object of the solicitation is never consummated, or that no steps are taken toward its consummation. (People v. Haley, 102 Cal.App.2d 159, 165 [227 P.2d 48] ; People v. Gray, 52 Cal.App.2d 620, 653 [127 P.2d 72] ; 1 Burdick, The Law of Crime (1946), §§ 104-106.) Section 653f is concerned not only with the prevention of the harm that would result should the inducements prove successful, but with protecting inhabitants of this state from being exposed to inducements to commit or join in the commission of the crimes specified (cf. People v. Chase, 117 Cal.App. Supp. 775, 780 [1 P.2d 60]), and the evils it seeks to prevent are present whether the object of the solicitation is to be accomplished within or without this state. ’ Thus, in the present case defendant used the prospects of large monetary rewards to attempt to induce the prosecutrix to commit acts of prostitution and extortion, with residents of this state as intended victims. Such solicitation is inimical to the public welfare and to the safety and morals of the inhabitants of this state, regardless of where the solicited acts are to be performed, and a construction of section 653f that limits its operation to solicitation of acts that are to be consummated within this state would defeat, rather than effect, the object of that statute. (See Pen. Code, § 4.)

Defendant contends, however, that since he was charged with soliciting “the crime of extortion” he could not properly[*315] be convicted unless it was proved that the acts solicited would constitute the crime of extortion at the place where they were to be performed and that the prosecution therefore failed to sustain its burden of proof since it offered no evidence to prove that the acts solicited would constitute the crime of extortion under the laws of Mexico. Since it is the solicitation in this state alone that is punishable, and since it is immaterial where the acts solicited are to be performed, the law of other states governing such acts is likewise immaterial (see, People v. Chase, supra, 117 Cal.App.Supp. 775, 780), and proof of the law of Mexico was therefore unnecessary.

Nor is a different result required by the so-called ‘ ‘ Gambling Ship Regulation Law,” making it unlawful for any person within this state to solicit another to visit a gambling ship ‘ ‘ whether such gambling ship be within or without the jurisdiction of the State of California.” (Stats. 1929, p. 703, now in Pen. Code, § 11300 [Stats. 1953, chap. 35].) Defendant contends that if the Legislature had intended section 653f to be construed as we have construed it, an express provision making that section applicable to solicitations of acts to be performed outside the state would have been added as it was in the Gambling Ship Regulation Law. In the Gambling Ship Regulation Law the Legislature was concerned with what was then an immediate and pressing problem. The operators of certain gambling ships, anchored off the California coast outside the territorial waters and deriving their custom from the coastal cities of California, were flagrantly evading this state’s anti-gambling laws. To meet this evil, which involved the very problem of the solicitation of acts to be committed outside the state, the Legislature adopted explicit language to cover the specific problem before it. It is not uncommon for the Legislature to use more explicit language in statutes dealing with limited specific problems than it does in statutes of more general application.

Defendant contends finally that a reversal is required because his solicitations were not proved by the testimony of two witnesses or by that of one witness and corroborating circumstances, as required by section 653f of the Penal Code. Defendant’s solicitations were proved by the testimony of the prosecutrix and by that of a police officer who overheard them by means of a listening device installed, with her permission, in the prosecutrix’s home. Furthermore, a tape recording of the conversation overheard by the police officer was introduced in evidence, and defendant admitted in his[*316] own testimony that he had participated in the conversation that the officer had recorded and had solicited the prosecutrix in the manner described above. Defendant explained, however, that he had made the solicitations without any intent to carry out the extortion scheme but merely as an excuse to become acquainted with the prosecutrix whom he wished to know “socially.” The slight variation between the testimony of the prosecutrix and the police officer * as to the details of carrying out the proposed extortion is of no significance, for the tape recording shows that the two variations were in fact suggested by defendant as alternative means by which the extortion could be effected. Thus, in the light of the well-established rule that the corroborative evidence need not be strong nor sufficient in itself, without the aid of other evidence, to establish the fact in issue (People v. Gallardo, 41 Cal.2d 57, 63 [257 P.2d 29]; People v. Baskins, 72 Cal.App.2d 728, 731 [165 P.2d 510] ; see also People v. Wilson, 25 Cal.2d 341, 347 [153 P.2d 720]), we must conclude that the testimony of the prosecutrix and of the police officer and the recording of defendant’s conversation with the prosecutrix are more than adequate to satisfy the requirements of section 653f. Moreover, the admissions in defendant’s own testimony supply sufficient corroborative evidence. (People v. Wilson, supra, 25 Cal.2d 341, 347; People v. Griffin, 98 Cal.App.2d 1, 25 [219 P.2d 519], and cases cited.)

The order granting probation and the order denying defendant’s motion for a new trial are affirmed.

Gibson, C. J., Shenk, J., Edmonds, J., Carter, J., Schauer, J., and Spence, J., concurred.

*

Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

“ Every person who solicits another to offer or join in the offer or acceptance of a bribe, or to commit or join in the commission of murder, robbery, burglary, grand theft, receiving stolen property, extortion, rape by force and violence, perjury, subornation of perjury, forgery, or kidnapping is punishable by imprisonment in the county jail not longer than one year or in the state prison not longer than five years, or by a fine of not more than five thousand dollars. Such offense must be proved by the testimony of two witnesses, or of one witness and corroborating circumstances. ’ ’

*

The police officer testified that defendant’s associate in Mexico, who was to impersonate a Mexican police officer, would threaten to arrest the intended victim as a means of effecting the extortion, whereas the prosecutrix testified that defendant’s associate would threaten to arrest her.