§ 39-12-105 — Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy - Defenses

(a) Except as provided in subsection (c), it is immaterial to the liability of a person who solicits another to commit an offense that: (1) The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or (2) The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense. (b) Except as provided in subsections (c) and (d), it is immaterial to the liability of a person who conspires with another to commit an offense that the one with whom the person conspires is not legally responsible or, after the formation of the conspiracy, has been given immunity to prosecution or conviction for the commission of the offense. (c) It is a defense to a charge of attempt, solicitation or conspiracy to commit an offense that if the criminal object were achieved, the person would not be guilty of an offense under the law defining the offense or as an accomplice under § 39-11-402 . (d) It is a defense to a charge of conspiracy that the person or the one with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such offense, if the person believes one of them does.

Legislative History

Acts 1989, ch. 591, § 1; 1990, ch. 980, § 1.