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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A person shall not be liable under section 705-520 for criminal conspiracy if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person.
(2) It is not a defense to a prosecution under section 705-520 that a person with whom the defendant conspires could not be guilty of committing the crime because:
(a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense;
(b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime;
(c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or
(d) He does not have the state of mind sufficient for the commission of the offense in question.
(3) It is not a defense to a prosecution under section 705-520 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 705-523 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-705-523/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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