(a) It is a defense to a prosecution for solicitation or conspiracy to commit an offense that:
(1) The defendant is a victim of the offense; or
(2) The offense is defined so that the defendant's conduct is inevitably incident to the commission of the offense.
(b) It is not a defense to a prosecution for conspiracy or solicitation to commit an offense that:
(1) The defendant or the person whom the defendant solicits or with whom the defendant conspires does not occupy a particular position or have a particular characteristic that is an element of that offense, if the defendant believes that one (1) of the persons does;
(2) The person whom the defendant solicits or with whom the defendant conspires is irresponsible or is immune to prosecution or conviction for the commission of the offense or has feigned agreement;
(3) The person whom the defendant solicits or with whom the defendant conspires has not been charged with, prosecuted for, convicted of, or has been acquitted of an offense based upon the conduct alleged or has been convicted of a different offense or degree of offense, even if the defendant and the person whom the defendant solicits or with whom the defendant conspires were tried jointly;
(4) The person whom the defendant solicits or with whom the defendant conspires could not be guilty of committing that offense because that person is unaware of the criminal nature of the conduct in question or of the defendant's criminal purpose; or
(5) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to that particular class of persons, is for that reason legally incapable of committing the offense in an individual capacity unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity.
Section: Previous 5-3-102 5-3-103Last modified: November 15, 2016