Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 153 (2026)

Criminal solicitation

✓ current as of May 2026

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1. A person is guilty of criminal solicitation if the person, with the intent to cause the commission of the crime, and under circumstances that the person believes make it probable that the crime will take place, commands or attempts to induce another person, whether as principal or accomplice, to:

A. Commit murder. Violation of this paragraph is a Class A crime; [PL 2001, c. 383, §7 (NEW); PL 2001, c. 383, §156 (AFF).]

B. Commit a Class A crime. Violation of this paragraph is a Class B crime; or [PL 2001, c. 383, §7 (NEW); PL 2001, c. 383, §156 (AFF).]

C. Commit a Class B crime. Violation of this paragraph is a Class C crime. [PL 2001, c. 383, §7 (NEW); PL 2001, c. 383, §156 (AFF).]

[PL 2001, c. 383, §7 (AMD); PL 2001, c. 383, §156 (AFF).]

2. It is a defense to prosecution under this section that, if the criminal object were achieved, the person would not be guilty of a crime under the law defining the crime or as an accomplice under section 57.

[PL 2001, c. 383, §7 (AMD); PL 2001, c. 383, §156 (AFF).]

3. It is not a defense to a prosecution under this section that the person solicited could not be guilty of the crime because of lack of responsibility or culpability, immaturity, or other incapacity or defense.

[PL 2001, c. 383, §7 (AMD); PL 2001, c. 383, §156 (AFF).]

4.

[PL 2001, c. 383, §7 (RP); PL 2001, c. 383, §156 (AFF).]

SECTION HISTORY

PL 1975, c. 499, §1 (NEW). PL 1977, c. 510, §§35-37 (AMD). PL 2001, c. 383, §7 (AMD). PL 2001, c. 383, §156 (AFF).

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1977–2024 · leading case: State v. Spearin, 477 A.2d 1147 (Me. 1984).

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State v. Spearin, 477 A.2d 1147 (Me. 1984). · cites it 3× “§ 151 (1983), and solicitation of arson, Class C, 17-A M.R.S.A. § 153 (1983). On appeal to the Law Court, 2 defendant sets forth eight separate arguments, claiming error relating to the sufficiency of the evidence, the conduct of the proceedings, the sufficiency of the…”

State v. Sweet, 2000 ME 14 (Me. 2000). · cites it 2× “See 17-A M.R.S.A. § 153(4) (1983). If the crime was committed with a weapon, the crime will, in most instances, be one class higher.”

State v. Doody, 434 A.2d 523 (Me. 1981). · cites it 2× “On July 25,1980, Constance Doody was charged in a two-count indictment for soliciting the murder, 17-A M.R.S.A. § 153 (1980), and for the murder itself on a theory of accomplice liability, 17-A M.”

State v. Molasky, 765 S.W.2d 597 (Mo. 1989). “1988); Me.Rev.Stat.Ann. tit. 17-A, § 153 (1983); N.”

State v. O'rourke, 2001 ME 163 (Me. 2001). “) following a jury verdict finding him guilty of solicitation to commit murder, 17-A M.R.S.A. § 153 (1983). O’Rourke contends that the court erred in denying his motions to suppress letters found in his jail locker, letters found at the residence of a witness, and statements…”

State v. Carter, 150 A.3d 327 (Me. 2016). “§ 152-A (2015); and criminal solicitation, 17-A M.R.S. § 153 (2015). Even for those offenses, the affirmative defense of renunciation may be used only in three limited instances: (1) “[i]n a prosecution fpr attempt under section 152,” 17-A M.”

State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024). · cites it 2× “Nonetheless, relying on 5 17-A M.R.S. § 153(1) (2024)3 to define “solicit,” the court concluded that section 282 includes an “attempt to solicit the victim to engage in the conduct with an intent that it be photographed.”

Bd. of Reg. in Med. v. Fiorica, 488 A.2d 1371 (Me. 1985). “Fiorica entered a plea of guilty in Superior Court (Kennebec County) to an information charging him with the crime of solicitation to commit arson (17-A M.R.S.A. § 153 (1983)), a class C crime punishable by imprisonment for up to five years.”

State of Maine v. Eric Hamel, 2013 ME 16 (Me. 2013). “§§ 151(1)(A), 201(1)(A) (2012), and solicitation to commit *785 murder (Class A), 17-A M.R.S. §§ 153(1)(A), 201(1)(A) (2012), in exchange for the State’s dismissal of three other charges against her.”

Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997). “11, § 503 (1995) (criminal solicitation in the first degree when a person solicits another to “engage in conduct constituting a class A felony”); Me. Rev. Stat. Ann. tit. 17-A, § 153 (1) (West 1983) (“person is guilty of solicitation if he commands or attempts to induce an *741…”

State v. Rivers, 634 A.2d 1261 (Me. 1993). “) on a jury verdict convicting him of solicitation to commit murder, 17-A M.R.S.A. § 153 (1983). 1 We *1263 agree with Rivers that the court erred in its instruction to the jury that the elements of the offense of solicitation need not occur simultaneously in the mind of the…”

State v. Geiger, 539 A.2d 205 (Me. 1988). · cites it 2× “The Defendants, Stetson Geiger and Liliane Russo, appeal their conviction in a jury-waived trial in the Superior Court (Piscataquis County) for solicitation to commit arson in violation of 17-A M.R.S.A. § 153(1) (1983). 1 Both Defendants chal *206 lenge the sufficiency of the…”

Show all 14 citing cases →

Me. Rev. Stat. tit. 17-A, § 153(1): 4 cases

State of Maine v. Ricky Whitney, 2024 ME 49 (Me. 2024). “Nonetheless, relying on 5 17-A M.R.S. § 153(1) (2024)3 to define “solicit,” the court concluded that section 282 includes an “attempt to solicit the victim to engage in the conduct with an intent that it be photographed.”

State v. Spearin, 477 A.2d 1147 (Me. 1984). “§ 151 (1983), and solicitation of arson, Class C, 17-A M.R.S.A. § 153 (1983). On appeal to the Law Court, 2 defendant sets forth eight separate arguments, claiming error relating to the sufficiency of the evidence, the conduct of the proceedings, the sufficiency of the…”

State v. Doody, 434 A.2d 523 (Me. 1981). “On July 25,1980, Constance Doody was charged in a two-count indictment for soliciting the murder, 17-A M.R.S.A. § 153 (1980), and for the murder itself on a theory of accomplice liability, 17-A M.”

State v. Geiger, 539 A.2d 205 (Me. 1988). “The Defendants, Stetson Geiger and Liliane Russo, appeal their conviction in a jury-waived trial in the Superior Court (Piscataquis County) for solicitation to commit arson in violation of 17-A M.R.S.A. § 153(1) (1983). 1 Both Defendants chal *206 lenge the sufficiency of the…”

Me. Rev. Stat. tit. 17-A, § 153(1)(A): 1 case

State of Maine v. Eric Hamel, 2013 ME 16 (Me. 2013). “§§ 151(1)(A), 201(1)(A) (2012), and solicitation to commit *785 murder (Class A), 17-A M.R.S. §§ 153(1)(A), 201(1)(A) (2012), in exchange for the State’s dismissal of three other charges against her.”

Me. Rev. Stat. tit. 17-A, § 153(4): 1 case

State v. Sweet, 2000 ME 14 (Me. 2000). “See 17-A M.R.S.A. § 153(4) (1983). If the crime was committed with a weapon, the crime will, in most instances, be one class higher.”

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