506.070 Incapacity of solicitee or co -conspirator. (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 o f 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 co uld 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 t he 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. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.
Kentucky Legal Code