Section 939.30. Solicitation.

 

(1)  Except as provided in sub. (2) and s. 961.455 , whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class H felony.

(2)  For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class F felony. For a solicitation to commit a Class I felony, the actor is guilty of a Class I felony.

1977 c. 173 ; 1989 a. 121 ; 1991 a. 153 ; 1995 a. 448 ; 2001 a. 109 . Prosecuting for solicitation under s. 939.30, rather than under s. 944.30 for prostitution, did not deny equal protection. Sears v. State, 94 Wis. 2d 128 , 287 N.W.2d 785 (1980). Section 939.05 (2) (c) does not make renunciation or withdrawal a defense to the crime of solicitation. State v. Boehm, 127 Wis. 2d 351 , 379 N.W.2d 874 (Ct. App. 1985). When "A" solicits "B" to solicit "A" to commit perjury, "A" is guilty of solicitation. State v. Manthey, 169 Wis. 2d 673 , 487 N.W.2d 44 (Ct. App. 1992).