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.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.