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Kentucky Revised Statutes Title L. Kentucky Penal Code § 506.070.Incapacity of solicitee or co-conspirator

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 506.070.Incapacity of solicitee or co-conspirator - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-506-070/

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