2009 New Jersey Code
Section 2C:5
2C:5-3 - Incapacity, irresponsibility or immunity of party to conspiracy

2C:5-3.  Incapacity, irresponsibility or immunity of party to conspiracy
      a.  In general.    Except as provided in subsection b. of this section, it  is immaterial to the liability of a person who conspires with another to commit  a crime that:

    (1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime,  if he believes that one of them does;  or

    (2) The person with whom he conspires is irresponsible or has an immunity to  prosecution or conviction for the commission of the crime.

      b.  Exceptions to subsection a.:  Victims, behavior inevitably incident to  the commission of the crime.    It is a defense to a charge of conspiracy to  commit a crime that if the object of the conspiracy were achieved, the person  charged would not be guilty of a crime under the law defining the crime or as  an accomplice under section 2C:2-6e. (1) or (2).

     L.1978, c. 95, s. 2C:5-3, eff. Sept. 1, 1979.

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