Wisconsin Statutes
Wis. Stat. § 939.30 (2026)
Solicitation
✓ current as of July 2026
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939.30(1)(1) Except as provided in sub. (2) and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class H felony.
939.30(2)(2) For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class F felony. For a solicitation to commit a Class I felony, the actor is guilty of a Class I felony.
939.30 AnnotationProsecuting for solicitation under this section, rather than under s. 944.30 for prostitution, did not deny equal protection. Sears v. State, 94 Wis. 2d 128, 287 N.W.2d 785 (1980).
939.30 AnnotationSection 939.05 (2) (c) does not make renunciation or withdrawal a defense to the crime of solicitation. State v. Boehm, 127 Wis. 2d 351, 379 N.W.2d 874 (Ct. App. 1985).
939.30 AnnotationWhen “A” solicits “B” to solicit “A” to commit perjury, “A” is guilty of solicitation. State v. Manthey, 169 Wis. 2d 673, 487 N.W.2d 44 (Ct. App. 1992).
939.30 AnnotationThe crime of solicitation does not require that the actor know with certainty whether an injury will in fact result from the solicitee’s conduct. State v. Kloss, 2019 WI App 13, 386 Wis. 2d 314, 925 N.W.2d 563, 18-0651.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1971–2021 · leading case: State v. Hauk, 2002 WI App 226 (Wis. Ct. App. 2002).
State v. Hauk, 2002 WI App 226 (Wis. Ct. App. 2002). “After testimony from the ex-boyfriend, Miller, Guevara and a second detective, 2 the circuit court concluded that it would instruct the jury on the crime of solicitation under Wis. Stat. § 939.30 . The jury found *587 Hauk guilty and the circuit court entered a judgment of…”
State v. Divanovic, 546 N.W.2d 501 (Wis. Ct. App. 1996). “Since Divanovic has not been convicted of either of these two crimes, but rather solicitation to commit a felony pursuant to § 939.30, Stats., the State contends that the imposition of the repeater sentence was proper.”
State v. Yee, 465 N.W.2d 260 (Wis. Ct. App. 1990). “In this appeal, we decide that if A, with intent that a felony be committed, advises B to procure C to commit the felony under circumstances which indicate unequivocally that A has such intent, A is guilty of the crime of solicitation, contrary to sec. 939.30, Stats. We…”
State v. Kloss, 925 N.W.2d 563 (Wis. Ct. App. 2019). “§ 939.30 (2017-18). 1 Relevant to this appeal, the State charged Kloss with one count of solicitation of first-degree reckless injury, WIS.”
State v. Moffett, 2000 WI 130 (Wis. 2000). “72 provides as follows: A person shall not be convicted under both: (1) Section 939.30,948.35 or 948.36 for solicitation and s.”
State v. Manthey, 487 N.W.2d 44 (Wis. Ct. App. 1992). “Section 939.30(1), Stats., provides that "whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D felony.”
State v. Boehm, 379 N.W.2d 874 (Wis. Ct. App. 1985). “Renunciation or Withdrawal Defense The solicitation statute, sec. 939.30, Stats., provides: Whoever, with intent that a felony be committed, advises another to commit that crime under circumstances which indicate unequivocally that he or she has such intent is guilty of a Class…”
Sears v. State, 287 N.W.2d 785 (Wis. 1980). “Whoever, with intent that a felony be committed, advises another to commit that crime under circumstances which indicate unequivocally that he has such intent may be fined not more than $2,500 or imprisoned not to exceed the maximum provided for the completed crime, but in no…”
State v. Johnson, 324 N.W.2d 447 (Wis. Ct. App. 1982). “, for committing an act of prostitution constitutes a violation of his right to equal protection under the fourteenth amendment.”
State v. Moffett, 2000 WI App 67 (Wis. Ct. App. 2000). “72, which we have summarized above, is entitled "No conviction of both inchoate and completed crime," and provides as follows: A person shall not be convicted under both: (1) Section 939.30, 948.35 or 948.36 for solicitation and s.”
People v. Shafou, 330 N.W.2d 647 (Mich. 1982). “2-29 (5-year maximum); Wis Stat § 939.30 (10-year maximum). 47 Mont Code Ann § 45-4-101.”
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 939.30(1). ¶12 Solicitation and conspiracy are not identical in law.”
— Wis. Stat. § 939.30(1) — 5 cases
State v. Manthey, 487 N.W.2d 44 (Wis. Ct. App. 1992). “Section 939.30(1), Stats., provides that "whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D felony.”
State v. Kloss, 925 N.W.2d 563 (Wis. Ct. App. 2019). “§ 939.30 (2017-18). 1 Relevant to this appeal, the State charged Kloss with one count of solicitation of first-degree reckless injury, WIS.”
State v. Divanovic, 546 N.W.2d 501 (Wis. Ct. App. 1996). “Since Divanovic has not been convicted of either of these two crimes, but rather solicitation to commit a felony pursuant to § 939.30, Stats., the State contends that the imposition of the repeater sentence was proper.”
State v. Lisa Rena Lantz (Wis. Ct. App. 2021). “§ 939.30(1). ¶12 Solicitation and conspiracy are not identical in law.”
State v. Fredrick Bernard Linder, Jr. (Wis. Ct. App. 2021).
— Wis. Stat. § 939.30(2) — 1 case
State v. John G. Dahlk (Wis. Ct. App. 2021).
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