Criminal Solicitation of a Minor: charge level relative to the solicited offense?

• A. The same as the solicited offense
• B. A misdemeanor
• C. One category lower than the solicited offense, unless the actor was 17 or older and a gang member; then charge will be the same as the solicited offense
• D. A random charge

Answer: (C)

Criminal Solicitation of a Minor is charged at one category lower than the offense the person solicited the minor to commit. This means the act of urging a minor to commit a crime is treated as its own offense with a penalty one level down from the crime being urged, recognizing the harmful involvement of an adult with a minor in crime even if the crime isn’t completed.

There’s an important exception: if the person is 17 or older and a gang member, the charge will be the same as the solicited offense. This reflects how gang-related activity can elevate accountability for those involved, especially when an older adolescent is participating in organized crime.

For example, soliciting a minor to commit a Class A misdemeanor would result in a Class B misdemeanor charge. Soliciting a minor to commit a state jail felony would be charged as a Class A misdemeanor. Soliciting a minor to commit a second-degree felony would be charged as a third-degree felony, and so on, moving one category down each time. The exception would apply if the solicited offense involves a gang member aged 17 or older, in which case the charge mirrors the offense solicited.