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North Carolina Lawyer: Punishment Solicitation

Solicitation is generally the act of trying to encourage another to commit a crime, either on your behalf or for another purpose. In North Carolina, Solicitation is usually punished under structured sentencing with a sentence two classes below the class of the crime.

For instance, if the crime itself is a Class C crime, then solicitation of that crime will be a Class E crime. There are some exceptions. For instance, soliciting someone to commit First Degree Rape or soliciting someone to commit First Degree Murder are punished as class C felonies, even though First Degree Murder is a Class A felony.

Here’s the statute:

N.C.G.S. 14-2.6. Punishment for solicitation to commit a felony or misdemeanor.
(a) Unless a different classification is expressly stated, a person who solicits another person to commit a felony is guilty of a felony that is two classes lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class C felony, a solicitation to commit a Class B2 felony is a Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor.

(b) Unless a different classification is expressly stated, a person who solicits another person to commit a misdemeanor is guilty of a Class 3 misdemeanor.

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