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

N.Y. Penal Law § 100.13 (2026)

Criminal solicitation in the first degree

✓ current as of May 2026
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§ 100.13 Criminal solicitation in the first degree.
  A person is guilty of criminal solicitation in the first degree when,
being over eighteen years of age, with intent that another person under
sixteen years of age engage in conduct that would constitute 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 first degree is a class C felony.
Notes of Decisions
Cited in 3 cases, 1987–2004 · leading case: Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997).
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Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997). “17-A, § 153 (1) (West 1983) (“person is guilty of solicitation if he commands or attempts to induce an *741 other person to commit murder or a particular Class A or Class B crime”); N.Y. Penal Law § 100.13 (McKinney 1987) (criminal solicitation in the first degree when a person…”
Pohlot v. Pohlot, 664 F. Supp. 112 (S.D.N.Y. 1987). “However, under Pennsylvania or New York law, Pohlot's federal crimes would also be chargeable as criminal solicitation of murder and criminal conspiracy to commit murder, both punishable by imprisonment for more than one year.”
People v. Ashton, 5 Misc. 3d 233 (N.Y. Sup. Ct. 2004). “08), and first degree solicita *236 tion to cases where the adult acts with intent that “another person under sixteen years of age engage in conduct that would constitute a class A felony” (Penal Law § 100.13; see L 1978, ch 422). The Legislature chose not to so limit the…”
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