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

N.Y. Penal Law § 100.10 (2026)

Criminal solicitation in the second degree

✓ current as of May 2026
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§ 100.10 Criminal solicitation in the second degree.
  A person is guilty of criminal solicitation in the second degree when,
with intent that another person engage in conduct constituting a class A
felony, he solicits, requests, commands, importunes or otherwise
attempts to cause such other person to engage in such conduct.
  Criminal solicitation in the second degree is a class D felony.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1986–2026 · leading case: People v. Bongarzone, 116 A.D.2d 164 (N.Y. App. Div. 1986).
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People v. Bongarzone, 116 A.D.2d 164 (N.Y. App. Div. 1986). · cites it 2× “"A person is guilty of criminal solicitation in the second degree when, with intent that another person engage in conduct constituting a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct” (Penal…”
People v. Kass, 59 A.D.3d 77 (N.Y. App. Div. 2008). “The defendant testified that he harbored no such intent and that he agreed to speak with the “hit men” only because the informant had continually pressured him to do so, at one point warning him that “if you jerk my friends, I will snap your head like a twig.”
People v. Cheathem, 239 A.D.2d 595 (N.Y. App. Div. 1997). · cites it 2× “He was indicted on charges of criminal solicitation in the second degree (two counts) (Penal Law § 100.10) and criminal solicitation in the fourth degree (Penal Law § 100.”
People v. Major, 61 A.D.3d 1417 (N.Y. App. Div. 2009). “Contrary to the contention of defendant, Supreme Court properly refused to sever count seven of the indictment, charging defendant with criminal solicitation in the second degree (Penal Law § 100.”
People v. Long, 207 A.D.2d 988 (N.Y. App. Div. 1994). “We further conclude that the elements of the North Carolina offense of solicitation to commit murder, which is punishable by more than one year in prison, are equivalent to those of the New York felony of criminal solicitation in the second degree (Penal Law § 100.10) for…”
People v. Luchey, 221 A.D.2d 936 (N.Y. App. Div. 1995). “15) and criminal solicitation in the second degree (Penal Law § 100.10). The contention that the evidence is legally insufficient to prove defendant’s knowledge of the weight of the controlled substance has not been preserved by a motion to dismiss " 'specifically directed’ ” at…”
People v. Sabo, 179 Misc. 2d 396 (N.Y. Sup. Ct. 1998). “15) and criminal solicitation in the second degree (Penal Law § 100.10). In his pretrial omnibus motion, the defendant moves this court to (i) inspect the Grand Jury minutes (and for disclosure of such minutes to the defendant), (ii) dismiss count one of the indictment as being…”
United States v. Elmer Godoy-Castaneda, 614 F. App'x 768 (5th Cir. 2015). · cites it 2× “Under New York state law, “[a] person is guilty of criminal solicitation in the second degree when, with intent that another person engage in conduct constituting a class A felony, he solicits,.”
People v. Kalinowski, 84 A.D.3d 1739 (N.Y. App. Div. 2011). “Defendant was charged with conspiracy in the second degree and criminal solicitation in the second degree (Penal Law § 100.10) based on her efforts to hire someone to kill her former paramour so that he would be unable to testify at the murder trial.”
Leasure (E.D.N.Y 2026). “15; and Criminal Solicitation in the Second Degree, N.Y. Penal Law § 100.10. (Id. at 9–13.) B.”
People v. Pendell, 2018 NY Slip Op 5899 (N.Y. App. Div. 2018). “45 [1]; People v Richards , 78 AD3d at 1222-1224 ) and one count of criminal solicitation in the second degree (count 1 of the second indictment) ( see Penal Law § 100.10; People v Adamek , 69 AD3d 979, 980 [2010], lv denied 14 NY3d 797 [2010]; People v Bongarzone , 116 AD2d…”
Kalinowski, Robin, People v. (N.Y. App. Div. 2011). “Defendant was charged with conspiracy in the second degree and criminal solicitation in the second degree (Penal Law § 100.10) based on her efforts to hire someone to kill her former paramour so that he would be unable to testify at the murder trial.”
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