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Oregon Revised Statutes

Or. Rev. Stat. § 161.435 (2026)

Solicitation

✓ current as of May 2026
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      161.435 Solicitation. (1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct.

      (2) Solicitation is a:

      (a) Class A felony if the offense solicited is murder or treason.

      (b) Class B felony if the offense solicited is a Class A felony.

      (c) Class C felony if the offense solicited is a Class B felony.

      (d) Class A misdemeanor if the offense solicited is a Class C felony.

      (e) Class B misdemeanor if the offense solicited is a Class A misdemeanor. [1971 c.743 §57]

Notes of Decisions
Cited in 36 cases (2 in the last 5 years), 1979–2024 · leading case: State v. Johnson, 123 P.3d 304 (Or. Ct. App. 2005).
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State v. Johnson, 123 P.3d 304 (Or. Ct. App. 2005). · cites it 5× “115; Count 5, solicitation to commit aggravated murder (multiple victims), ORS 161.435 and ORS 163.095(l)(d); Count 6, solicitation to commit murder, ORS 161.”
State v. Kimbrough, 431 P.3d 76 (Or. 2018). · cites it 2× “"Solicitation" occurs when a person "commands or solicits" another to commit or attempt to commit a crime, ORS 161.435, and "attempt" occurs when a person "intentionally engages in conduct which constitutes a substantial step toward the commission of [a] crime," ORS 161.”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “405 is that the inchoate crime of attempt—like the crimes of solicitation, ORS 161.435, and conspiracy, ORS 161.450—was intended to be separate from, and less serious than, the underlying crime.”
State v. Tanner, 150 P.3d 31 (Or. Ct. App. 2006). · cites it 2× “270, and two counts of solicitation, ORS 161.435. Defendant does not challenge those convictions and the sentences imposed on those convictions on appeal.”
State v. Self, 706 P.2d 975 (Or. Ct. App. 1985). · cites it 5× “” ORS 161.435; ORS *233 475.992. After trial without a jury, the court convicted defendant on the lesser charge of “solicitation of attempted delivery of an illegal substance” and sentenced him to 60 days in jail with credit for time served.”
In Re Complaint as to the Conduct of Morin, 878 P.2d 393 (Or. 1994). · cites it 3× “FIFTH CAUSE OF COMPLAINT The trial panel found that the accused also violated DR 1-102(A)(2) (committing a criminal act that reflects adversely upon the lawyer’s honesty, trustworthiness, or fitness to practice law) (set forth supra) because he committed the crimes of…”
State v. Sargent, 822 P.2d 726 (Or. Ct. App. 1991). · cites it 2× “The defendant was charged with "solicitation of another to possess and deliver cocaine," ORS 161.435; ORS 475.992, and was convicted of "solicitation of attempted delivery of a controlled substance.”
Ashley v. Hoyt, 912 P.2d 393 (Or. Ct. App. 1996). · cites it 2× “115; ORS 161.435, attempted murder, ORS 163.115; ORS 161.”
State v. Everett, 330 P.3d 22 (Or. 2014). · cites it 7× “Pertinent in that regard is the commentary to the Model Penal Code, on which the wording of ORS 161.435(1) was based: “Purposeful solicitation presents dangers calling for preventive intervention and is sufficiently indicative of a disposition towards criminal activity to call…”
State v. Everett, 274 P.3d 297 (Or. Ct. App. 2012). · cites it 4× “ORS 161.435. He assigns error to the trial court’s denial of his motion for judgment of acquittal and its admission of testimony from a state’s witness who invoked his privilege against self-incrimination during cross-examination.”
State v. Lee, 804 P.2d 1208 (Or. Ct. App. 1991). · cites it 3× “ORS 161.435. He argues that a letter that was not delivered can support, at most, a conviction for attempted solicitation.”
State v. Gonzales-Gutierrez, 171 P.3d 384 (Or. Ct. App. 2007). · cites it 2× “450, three counts of solicitation to commit aggravated murder, ORS 161.435, two counts of attempted murder, ORS 163.”
Show all 36 citing cases →
— Or. Rev. Stat. § 161.435(1) — 11 cases
State v. Kimbrough, 431 P.3d 76 (Or. 2018). “"Solicitation" occurs when a person "commands or solicits" another to commit or attempt to commit a crime, ORS 161.435, and "attempt" occurs when a person "intentionally engages in conduct which constitutes a substantial step toward the commission of [a] crime," ORS 161.”
State v. Everett, 330 P.3d 22 (Or. 2014). “Pertinent in that regard is the commentary to the Model Penal Code, on which the wording of ORS 161.435(1) was based: “Purposeful solicitation presents dangers calling for preventive intervention and is sufficiently indicative of a disposition towards criminal activity to call…”
State v. Everett, 274 P.3d 297 (Or. Ct. App. 2012). “ORS 161.435. He assigns error to the trial court’s denial of his motion for judgment of acquittal and its admission of testimony from a state’s witness who invoked his privilege against self-incrimination during cross-examination.”
State v. Badillo, 317 P.3d 315 (Or. Ct. App. 2013).
State v. Lee, 804 P.2d 1208 (Or. Ct. App. 1991). “ORS 161.435. He argues that a letter that was not delivered can support, at most, a conviction for attempted solicitation.”
— Or. Rev. Stat. § 161.435(l) — 1 case
State v. Everett, 330 P.3d 22 (Or. 2014). “Pertinent in that regard is the commentary to the Model Penal Code, on which the wording of ORS 161.435(1) was based: “Purposeful solicitation presents dangers calling for preventive intervention and is sufficiently indicative of a disposition towards criminal activity to call…”
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