N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Anticipatory Offenses / ARTICLE Criminal Solicitation
New York Consolidated Laws

N.Y. Penal Law § 100.05 (2026)

Criminal solicitation in the fourth degree

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 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.
Notes of Decisions
Cited in 20 cases, 1986–2018 · leading case: Mizrahi v. Gonzales, 492 F.3d 156 (2d Cir. 2007).
Sort: Relevance Newest Treatment
Mizrahi v. Gonzales, 492 F.3d 156 (2d Cir. 2007). · cites it 13× “The conviction at issue was the result of Mizrahi’s 2002 New York State guilty plea to a misdemeanor offense, fourth-degree criminal solicitation of the sale of drugs, conduct proscribed by N.Y. Penal Law § 100.05 (1) (McKinney 2004).”
People v. S.G., 4 Misc. 3d 563 (N.Y. Sup. Ct. 2004). · cites it 3× “10 [1]), and criminal solicitation in the fourth degree (Penal Law § 100.05 [2]), in connection with defendant’s effort, at the direction of her pimp, to promote the prostitution of a 13-year-old girl.”
People v. Cheathem, 239 A.D.2d 595 (N.Y. App. Div. 2d Dep't 1997). · cites it 2× “10) and criminal solicitation in the fourth degree (Penal Law § 100.05). A person is guilty of criminal solicitation in the fourth degree when, "with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise…”
Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997). “11, § 502 (1995) (criminal solicitation in the second degree when a person solicits another to “engage in conduct constituting a felony”); N.Y. Penal Law § 100.05 (McKinney 1987) (criminal solicitation in the fourth degree when a person solicits another to “engage in conduct…”
People v. Bell, 286 A.D.2d 931 (N.Y. App. Div. 4th Dep't 2001). “40), and criminal solicitation in the fourth degree (Penal Law § 100.05 [1]). County Court properly denied defendant’s motion to suppress a stolen and forged check seized from defendant’s person, because police at that point had probable cause to arrest defendant (see, People v…”
People v. Benitez, 167 Misc. 2d 99 (1995). “By analogy, the statute defining criminal solicitation in the fourth degree does not contain the solicitation exemption (Penal Law § 100.05 [1]); the exemption is contained in a separate statute (Penal Law § 100.”
People v. Gray, 172 Misc. 2d 14 (N.Y. Sup. Ct. 1997). “” Criminal Solicitation in the Fourth Degree: Penal Law § 100.05 (1) The fourth count of the indictment alleges that the defendants, each acting in concert with one another: "with intent *18 that another person engage in conduct constituting a felony, solicited, requested,…”
People v. Germeo, 188 A.D.2d 1027 (N.Y. App. Div. 4th Dep't 1992). “Additionally, there was no error in the admission of the testimony of one of the accomplices regarding conversations he had with defendant between February and May 1990 to support defendant’s conviction of criminal solicitation in the fourth degree (see, Penal Law § 100.05 [1]).…”
In re Hobika, 271 A.D.2d 122 (N.Y. App. Div. 3d Dep't 2000). “On December 23, 1999, respondent was convicted in Syracuse City Court of criminal solicitation in the fourth degree (Penal Law § 100.05), a class A misdemeanor.”
In re Kramer, 120 A.D.2d 299 (N.Y. App. Div. 2d Dep't 1986). “00); two counts of criminal solicitation in the fourth degree, a class A misdemeanor (Penal Law § 100.05); and a violation of Judiciary Law § 482 (employment by an attorney of persons to solicit retainers), a misdemeanor, after a jury trial in the Supreme Court, Kings County.”
In re Sajous, 250 A.D.2d 331 (N.Y. App. Div. 2d Dep't 1998). · cites it 2× “On or about May 16, 1996, a criminal information was filed in the District Court of Nassau County charging the respondent with one count of criminal solicitation in the fourth degree, a class A misdemeanor, in violation of Penal Law § 100.05, and one count of attempted tampering…”
People v. Sanoguet, 157 Misc. 2d 771 (N.Y. Sup. Ct. 1993). “Such conduct could, of course, be sufficient to establish the A misdemeanor of criminal solicitation in the fourth degree, Penal Law § 100.05 (1), which is committed by a person who, "with intent that another person engage in conduct constituting a felony * * * solicits,…”
Show all 20 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.