New York Consolidated Laws

N.Y. Penal Law § 100.20 (2026)

Criminal solicitation; exemption

✓ current as of May 2026

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§ 100.20 Criminal solicitation; exemption.
  A person is not guilty of criminal solicitation when his solicitation
constitutes conduct of a kind that is necessarily incidental to the
commission of the crime solicited. When under such circumstances the
solicitation constitutes an offense other than criminal solicitation
which is related to but separate from the crime solicited, the actor is
guilty of such related and separate offense only and not of criminal
solicitation.

Notes of Decisions

Cited in 11 cases, 1990–2006 · leading case: People v. Allen, 703 N.E.2d 1229 (NY 1998).

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People v. Allen, 703 N.E.2d 1229 (NY 1998). · cites it 12× “In these 54 criminal cases, combined for the purposes of this appeal, we consider what effect, if any, the exemption provision under Penal Law § 100.20 has on the prosecution of these similarly situated defendants.”

People v. Dalton, 27 A.D.3d 779 (N.Y. App. Div. 2006). “” In such cases, the defendant can be found guilty only of the separate crime he or she solicited and not of the act of solicitation itself (see Penal Law § 100.20). Here, defendant was charged with soliciting each of the children to engage in the crime of incest.”

People v. Benitez, 167 Misc. 2d 99 (1995). · cites it 5× “The defendants assert that "reasonable cause” is not established on the grounds that Penal Law § 100.20 constitutes a legal impediment to conviction.”

Thornton v. State, 570 So. 2d 762 (Ala. Crim. App. 1990). “The appellant and the unknown companion both left the store without threatening anyone or without trying to steal the company's property.”

Ford v. State, 612 So. 2d 1317 (Ala. Crim. App. 1992). “N.Y. Penal Law § 100.20 (McKinney 1987). "In People v.”

Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). “N.Y. Penal Law § 100.20 (McKinney 1987). "In People v.”

People v. Barnes, 170 Misc. 2d 979 (Poughkeepsie City Ct. 1996). · cites it 14× “The defendants’ argument rests squarely on the language of the criminal solicitation exemption statute, Penal Law § 100.20, which states: "A person is not guilty of criminal solicitation when his solicitation constitutes conduct of a kind that is necessarily incidental to the…”

People v. Agnello, 165 Misc. 2d 855 (1995). · cites it 9× “On the contrary, the exemption statute in the section of the Penal Law that governs prosecutions for criminal solicitation states specifically that under certain situations "A person is not guilty of criminal solicitation” (see, Penal Law § 100.20, criminal solicitation;…”

People v. Polianskaia, 189 Misc. 2d 237 (N.Y. City Crim. Ct. 2001). “) The Court recognized that the factual allegations were “bare boned,” but nevertheless sufficiently evidentiary in character and tended to support the Penal Law charges.”

People v. Harsit, 193 Misc. 2d 680 (N.Y. Sup. Ct. 2002). “(Penal Law § 100.20; People v Allen, 92 NY2d 378, 383 [1998] [“(u)pon examination of the conduct engaged in by these defendants, it is clear that a [crime] could not have occurred but for their direct participation”].”

People v. Allen, 177 Misc. 2d 1047 (1997). · cites it 4× “) dismissing the informations on all the respondents for criminal solicitation in the fifth degree on the ground that in each instance the exemption *1048 under the Penal Law prohibited a finding of guilt as a matter of law (Penal Law § 100.20). Respondents are all similarly…”

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