Kentucky Statutes 506.070 – Incapacity of solicitee or co-conspirator
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(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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.
(a) Criminal irresponsibility or other legal incapacity or exemption; or
Terms Used In Kentucky Statutes 506.070
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.