Criminal solicitation; exemption · as in force on May 31, 2026
§ 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.
A person is not guilty of criminal solicitation when the solicitation is conduct necessarily incidental to the solicited crime. ★ If that conduct is a related but separate offense, the person is guilty only of that separate offense, not of solicitation.
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.