## Facts

- John James Burt was charged by information with violating California Penal Code § 653f by soliciting a woman to commit and join in the commission of extortion.
- In Los Angeles, Burt urged the woman to meet men at area hotels, persuade them to travel with her to Tijuana, Mexico for sex, and then join Burt’s associate in conduct in Mexico that would constitute extortion as defined by California Penal Code § 518.
- The woman reported the solicitations to police, and the plan was never carried out.

## Issues

1. Whether Penal Code § 653f criminalizes solicitation made within California to commit or join in extortion when the contemplated extortion would be completed outside California.

## Decision

- The Supreme Court of California affirmed the order granting probation and the order denying a new trial.
- The court held that solicitation in California to commit extortion is punishable under Penal Code § 653f even if the intended extortion would occur outside the state.
- The court rejected the argument that applying § 653f would improperly punish out-of-state conduct, reasoning that the offense was completed where the solicitation occurred.

## Legal Principles

- Solicitation under Penal Code § 653f is a distinct inchoate offense completed at the time and place of the solicitation.
- California may exercise territorial jurisdiction over an in-state solicitation aimed at specified serious crimes, regardless of where the solicited substantive crime is intended to be carried out.
- A statute narrowly targeting solicitation of enumerated grave crimes may be applied to in-state solicitations even when the contemplated completed offense would occur beyond California’s borders.
- Limits on applying broadly worded inchoate statutes to out-of-state target offenses do not necessarily control interpretation of a more specific solicitation statute focused on enumerated crimes.

## Conclusion

Because Burt’s solicitations occurred in Los Angeles and solicitation is complete upon the in-state request to commit extortion, Penal Code § 653f applied even though the planned extortion was to take place in Mexico, and the conviction was upheld.


People v. Burt, 45 Cal. 2d 311 (Cal. 1955)