§ 523 — Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons

Delaware § 523

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Inchoate Crimes

Text

(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.

(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant’s criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant’s coconspirators could not be guilty of the conspiracy or the crime contemplated.

Legislative History

11 Del. C. 1953, § 523; 58 Del. Laws, c. 497, § 1