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506.070 Incapacity of solicitee or co-conspirator.
(1)
(2)
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.
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)
(3)
Any other factor precluding the mental state required for the commission
of the conspiracy or the crime contemplated by the conspiracy.
A defendant cannot be convicted of conspiracy if all of his co-conspirators have
been acquitted or discharged under circumstances amounting to an acquittal.
Effective:January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.
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