Criminal solicitation; no defense · as in force on May 31, 2026
§ 100.15 Criminal solicitation; no defense.
It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of the crime in question.
In a criminal-solicitation prosecution, it is no defense that the person solicited could not be guilty because of criminal irresponsibility, incapacity, exemption, lack of awareness of the crime or defendant’s purpose, or another missing required mental state. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.