General Provisions

ORS 161.435
Solicitation


(1)

A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct.

(2)

Solicitation is a:

(a)

Class A felony if the offense solicited is murder or treason.

(b)

Class B felony if the offense solicited is a Class A felony.

(c)

Class C felony if the offense solicited is a Class B felony.

(d)

Class A misdemeanor if the offense solicited is a Class C felony.

(e)

Class B misdemeanor if the offense solicited is a Class A misdemeanor. [1971 c.743 §57]

Notes of Decisions

Solicitation in Oregon of commission of offense in another jurisdiction is punishable under solicitation statutes if crime solicited is also offense in Oregon. State v. Self, 75 Or App 230, 706 P2d 975 (1985)

Completed communication is required to prove solicitation under this section and where defendant, while incarcerated, wrote letters to individual incarcerated in different facility outlining plan for future robbery but officials intercepted letters, defendant was guilty of attempted solicitation only. State v. Lee, 105 Or App 329, 804 P2d 1208 (1991)

"Specific conduct" constituting crime requires that intended criminal act be specifically identifiable, not that full details for conducting intended criminal act be settled upon. State v. Johnson, 202 Or App 478, 123 P3d 304 (2005), Sup Ct review denied

Defendant, who solicited two individuals several days apart to commit same crime of kidnapping, committed two crimes of solicitation. State v. Badillo, 260 Or App 218, 317 P3d 315 (2013)

Evidence that defendant asked intermediary to deliver certain information to third person, which defendant thought would cause that person to commit aggravated murder and where intermediary was aware of crime for which defendant sought to procure third party, was sufficient to establish that defendant solicited intermediary to aid and abet aggravated murder. State v. Everett, 355 Or 670, 330 P3d 22 (2014)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021