(a)Every person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of a bribe, or to commit or join in the commission of 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 upon, or testifying at, any trial, proceeding, or inquiry authorized by law, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of
Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or the amount which could have been assessed for commission of the offense itself, whichever is greater, or by both the fine and imprisonment.
(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.
(c)Every person who, with the intent that the crime be committed, solicits another to commit rape by force or violence, sodomy by force or violence, oral copulation by force or violence, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for two, three, or four years.
(d)(1)Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of the Health and Safety Code shall be punished by imprisonment in a county jail not exceeding six months. Every person who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.
(2)This subdivision does not apply where the term of imprisonment imposed under other provisions of law would result in a longer term of imprisonment.
(e)Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 14014 of the Welfare and Institutions Code shall be punished by imprisonment in a county jail for not exceeding six months. Every person who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.
(f)(1)Every person who, with the intent that the crime be committed, solicits another to commit an offense set forth in Section 502 shall be punished as set forth in paragraph (3).
(2)Every person who, with the
intent that the crime be committed, offers to solicit assistance for another to conduct activities in violation of Section 502 shall be punished as set forth in paragraph (3). This includes persons operating Internet Web sites that offer to assist others in locating hacking services. For the purposes of this section “hacking services” means assistance in the unauthorized access to computers, computer systems, or data in violation of Section 502.
(3)Every person who violates this subdivision shall be punished by imprisonment in a county jail for a period not to exceed six months. Every subsequent violation of this subdivision by that same person shall be punished by imprisonment in a county jail not exceeding one year.
(g)An offense charged in violation of subdivision
(a), (b), or (c) shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances. An offense charged in violation of subdivision (d), (e), or (f) shall be proven by the testimony of one witness and corroborating circumstances.
(h)Nothing in this section precludes prosecution under any other law that provides for a greater punishment.
Notes of Decisions
Cited in
73
cases (
3 in the last 5 years), 1950–2025 · leading case:
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
· cites it 4× “Solicitation to possess cocaine, the underlying crime in Coronado-Durazo , is punishable under California Penal Code section 653f, a generic solicitation statute.”
People v. Padilla, 906 P.2d 388 (Cal. 1995).
· cites it 4× “(Pen. Code, § 653f, subd. (b).) A At trial, evidence supporting the prosecution's theory that defendant and Brenda Prado had conspired to have Hernandez murder Esther in revenge for a drug rip-off first appeared in the form of testimony of sheriff's deputies relating accounts by…”
People v. Superior Court, 157 P.3d 1017 (Cal. 2007).
· cites it 2× “(Pen.Code, § 653f.) The solicitation is complete once the request is made ( People v.”
Aguilar v. Avis Rent a Car Sys., Inc., 980 P.2d 846 (Cal. 1999).
· cites it 2× “) Many crimes can consist solely of spoken words, such as soliciting a bribe (Pen.Code, § 653f), perjury (Pen.Code, § 118), or making a terrorist threat (Pen.”
In Re Mostman, 765 P.2d 448 (Cal. 1989).
· cites it 6× “Petitioner was arrested on November 24, 1982, and was charged in a two-count information with solicitation to commit assault by means of force likely to produce great bodily injury (Pen. Code, § 653f, subd. (a)) and solicitation to commit murder (Pen.”
Silberg v. Anderson, 786 P.2d 365 (Cal. 1990).
“) or subornation of perjury (Pen. Code, § 653f, subd. (a)); criminal prosecution under Business and Professions Code, section 6128; [6] and State Bar disciplinary proceedings for violation of Business and Professions Code, section 6068, subdivision (d).”
United States v. Contreras-Hernandez, 628 F.3d 1169 (9th Cir. 2011).
· cites it 3× “Prakash holds that solicitation of assault and rape under California Penal Code § 653f(a) and (c) is a “crime of violence,” because solicitation inherently presents a substantial risk and high degree of threat of violence.”
People v. Hering, 976 P.2d 210 (Cal. 1999).
· cites it 2× “Analogizing to the crime of solicitation (Pen. Code, § 653f), the court held that as to both charges “the words [offering a discount or rebate must] be uttered with the intent to actually commit the act of paying a rebate.”
Michael R. v. Jeffrey B., 158 Cal. App. 3d 1059 (Cal. Ct. App. 1984).
· cites it 2× “(17) Penal Code section 653f is not an unconstitutional infringement by the Legislature on freedom of speech; it is a valid exercise of police power to prevent harm which would result if the inducement proved successful and to protect the public from being exposed to inducements…”
People v. Bottger, 142 Cal. App. 3d 974 (Cal. Ct. App. 1983).
· cites it 2× “(Pen. Code, § 653f, subd. (b).) On this appeal he urges there were two instructional errors.”
People v. Chubbuck, 231 Cal. App. 4th 737 (Cal. Ct. App. 2014).
“INTRODUCTION In 1999, defendant David Chubbuck was convicted of solicitation to commit assault with a deadly weapon (Pen. Code, § 653f, subd. (a)). 1 The trial court found true two “strike” allegations (§ 1170.”
State v. Andujar, 899 A.2d 1209 (R.I. 2006).
“California's criminal solicitation statute read, in pertinent part: "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.”
— Cal. Penal Code § 653f(a) — 4 cases
United States v. Contreras-Hernandez, 628 F.3d 1169 (9th Cir. 2011).
“Prakash holds that solicitation of assault and rape under California Penal Code § 653f(a) and (c) is a “crime of violence,” because solicitation inherently presents a substantial risk and high degree of threat of violence.”
— Cal. Penal Code § 653f(b) — 6 cases
United States v. Contreras-Hernandez, 628 F.3d 1169 (9th Cir. 2011).
“Prakash holds that solicitation of assault and rape under California Penal Code § 653f(a) and (c) is a “crime of violence,” because solicitation inherently presents a substantial risk and high degree of threat of violence.”
State v. Andujar, 899 A.2d 1209 (R.I. 2006).
“California's criminal solicitation statute read, in pertinent part: "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.”
— Cal. Penal Code § 653f(d) — 3 cases
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
“Solicitation to possess cocaine, the underlying crime in Coronado-Durazo , is punishable under California Penal Code section 653f, a generic solicitation statute.”
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