§ 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.