506.070 Incapacity of solicitee or co-conspirator.
177 words·~1 min read·
/ky/chapter-506/506-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)It is no defense to a prosecution for criminal solicitation that the person solicited
could not be guilty of the crime solicited because of:
(a)Criminal irresponsibility or other legal incapacity or exemption; or
(b)Unawareness of the criminal nature of the conduct solicited or of the
defendant's criminal purpose; or
(c)Any other factor precluding the mental state required for the commission of
the crime solicited.
(2)It is no defense to a prosecution for criminal conspiracy that a co-conspirator could
not be guilty of the conspiracy or the crime contemplated by the conspiracy because
of:
(a)Criminal irresponsibility or other legal incapacity or exemption; or
(b)Unawareness of the criminal nature of the conspiracy or the conduct
contemplated by the conspiracy or of the defendant's criminal purpose; or
(c)Any other factor precluding the mental state required for the commission of
the conspiracy or the crime contemplated by the conspiracy.
(3)A defendant cannot be convicted of conspiracy if all of his co-conspirators have
been acquitted or discharged under circumstances amounting to an acquittal.