PC 653f(C) Solicitation to Commit Enumerated Sex Offense. Sex Crimes Criminal Defense Lawyers Explain Penal Code 653f(C)
- sexcrimesdefensela
- Apr 18
- 6 min read
California penal code 653f(C) makes it a crime to solicit another person to commit certain sex offenses.
This summary covers the law, penalties and common defenses related to PC 653f(C) criminal charges. For further information, please contact our California sex crimes criminal defense lawyers for a free consultation.
PC 653f(C) Law
According to penal code 653f(C), ‘every person who, with the intent that the crime be committed, solicits another person to commit any of the following crimes, is guilty of solicitation to commit a sex offense:
Sodomy by Force (PC 286)
Rape in Concert (PC 264.1)
Sexual Penetration (PC 289)
Solicitation Defined: To solicit a crime means to ask, encourage, request, entice, implore, try, plead, or invite another person to commit a crime.
Example: Maria asks her friend, Jose, if Jose would like to have sexual relations with Maria’s thirteen-year-old daughter, Elsa, for money. In this scenario, Maria may be criminally charged with solicitation of a sex offense (lewd act on a child under fourteen).
Target Offense Not Included: The solicited person does not have to commit the targeted sex offense for the solicitor to be guilty of PC 653f(C). It is the solicitation itself that is the crime. However, if the solicited person does commit the targeted solicited sex offense, then additional sex crimes may be charged against both the solicitor and the sex offender.
Non-Listed Sex Offenses: PC 653f(C) lists certain sex offenses that are specifically included in the statute (See List Above). However, sex offenses that are not included in PC 653f(C) may be charged under other statutes.
Example: The crime of solicitation of a minor for prostitution is not a sex offense that is listed in penal code 653f(C). Yet, the crime of soliciting a minor for prostitution remains a crime under separate criminal statutes (i.e., PC 647(b)(3)).
Two Witness Rule: To prove the defendant’s guilt in PC 653f(C) cases, the district attorney must prove the alleged offense by no less than two witnesses to the crime, or at least one witness with corroborating circumstances (PC 653f(g) Abbrev.).
Example: David texts Michael to solicit Michael to commit oral copulation by force against Sarah. Michael calls the police to report David’s solicitation. As a result, David may be charged with PC 653f(C) even though Michael is only one witness to David’s solicitation. This is true because Michael has corroborating text messages to prove David’s guilt.
Compare: In the above example, if Michael did not have David’s corroborating text messages to prove David’s guilt, then David should not be charged with a violation of penal code 653f(C) because there is only one witness to David’s alleged solicitation.
PC 653f(C) Penalties
Felony Classification: Solicitation to commit a sex offense listed in PC 653f(C) is a felony offense.
Prison Sentence: If found guilty of PC 653f(C), the defendant will face either a probation sentence, a two-year, three-year, or four-year prison sentence, depending on the circumstances of the defendant’s case (i.e., defendant’s criminal history, harm caused to any victim, sophistication of defendant’s crime, terms of plea bargain, show of remorse, if any, etc.).
Prison Presumptive: If the defendant does not receive a probation sentence after a conviction for solicitation to commit a sex offense listed in PC 653f(C), then the defendant must serve his or her incarceration in a California state prison, as opposed to a local county jail.
Note: No part of prison sentence after a conviction for PC 653f(C) may be split (served partially out of prison on work release) or suspended (not served subject to release on certain probation-like conditions) [PC 1170(H)].
PRCS: If the defendant is sentenced to prison after a conviction for solicitation to commit a sex offense listed in penal code 653f(C), then his or her post-prison supervision is supervised by local probation officers as part of a Post-Release Community Supervision (PRCS). The length of PRCS is limited to three years and will include terms and conditions related to the protection of society and the reintegration of the defendant into society (PC 3455).
Probation Sentence: A probation sentence is a period of supervision, as opposed to incarceration in state prison. A probation sentence is allowed in penal code 653f(C) cases, but a probation sentence is not guaranteed.
Whether the defendant is granted a probation sentence after a conviction for solicitation to commit a sex offense listed in penal code 653f(C) case depends on the defendant’s criminal history, the terms of any negotiated plea bargain, the harm caused to any victim, and more.
Note: A probation sentence after a conviction for PC 653f(C) is two years in length by statute (PC 1203.1). The felony probation sentence will include, among other terms and conditions, criminal protective orders to protect any named victim(s) [i.e., intended victim of the defendant’s solicitation].
Three Strikes Law: PC 653f(C) is not a serious or violent offense as those terms are listed in PC 1192.7 and 667.5, respectively. This means that the crime of solicitation to commit a sex offense listed in PC 653f(C) is not a “strike” offense under California Three Strikes Law.
However, any conviction for PC 653f(C) may trigger a third “strike” under CA Three Strikes Law if the defendant has two or more prior “strike” offenses
Example: David has two prior strike offenses on his criminal record. Thereafter, David is charged with solicitation to commit rape by force, which is an offense listed in PC 653f(C). As a result, if David is convicted of the new PC 653f(C) offense, he may face up to 25 years to life in prison because PC 653f(C) can be used to trigger a third strike offense even though it cannot be used to trigger a first- or second-strike offense.
Sex Offender Registration: The crime of solicitation to commit a sex offense listed in penal code 653f(C) is a crime for which sex offender registration under PC 290 is required. This is a “tier two” sex offender registration offense.
For more information, see Sex Offender Registration Requirements & Petition to Terminate Sex Offender Registration Requirements.
CIMT: PC 653f(C) is a crime involving moral turpitude. A crime involving moral turpitude is any crime that involves immoral acts or otherwise involves fraud or deceit. Crimes involving moral turpitude, including PC 653f(C) can lead to severe immigration consequences (i.e., deportation, denial of reentry into the United States), adverse professional licensing consequences (i.e., revocation or denial of professional license), and other direct and indirect penalties.
Firearm Restrictions: A conviction for solicitation to commit a crime listed in penal code 653f(C) will lead to lifetime prohibition on ownership and possession of firearms, firearm ammunition, and body amor.
Additional Penalties: In addition to a possible prison or probation sentence, a conviction for penal code 653f(C) will lead to court fines and fees, possible civil lawsuits, loss of military service opportunities, enhanced penalties for subsequent criminal convictions, and more.
Target Offense Penalties: If the solicited person commits the crime solicited, then the person that solicited the crime may be charged with both the solicitation offense and the target offense.
Example: David convinces to his friend, Robert, to help him (David) commit gang rape against another person. If Robert commits the gang rape with David, then Robert may be charged with gang rape, and conspiracy to commit rape, and David may be charged with those same crimes, plus the solicitation to commit rape charge.
Good Conduct Credits: A prison sentence related to PC 653f(C) crimes may be reduced by up to fifty percent (50%) if the defendant remains on good behavior while in prison (PC 4019).
PC 653f(C) Common defenses
Common defenses to a criminal charge of solicitation to commit a sex crime listed in PC 653f(C) include statute of limitations (10 years), mistake of fact as to consent of the victim, insufficient evidence, alibi defense, illegal search and seizure, coerced confession, and more.
For more information on the defense to sex crimes in general, including defense to an allegation of solicitation to commit a sex offense listed in penal code 653f(C), see Sex Crimes Defenses.
PC 290.5: A defendant convicted of PC 653f(C) may petition the court to be removed from the sex offender registry under penal code 290.5. For more information, see Petition to Remove Duty to Register as Sex Offender.
For more information on the crime of solicitation to commit a sex offense listed in PC 653f(C), please contact our sex crimes criminal defense lawyers today for a free consultation.
Our highly successful sex crimes lawyers defend all felony and misdemeanor sex crimes in the counties of Los Angeles, Orange, San Bernardino & Riverside. Call today!
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