13-1006

13-1006. Effect of immunity, irresponsibility
or incapacity of a party to solicitation, conspiracy or
facilitation

A. It is not a defense to a prosecution for solicitation, conspiracy or
facilitation that a person solicited, facilitated or with whom the defendant conspired
could not be guilty of committing the offense because:

1. Such person is, by definition of the offense, legally incapable in an individual
capacity of committing the offense; or

2. Such person is not criminally responsible as defined in chapter 5 of this title,
or has an immunity to prosecution or conviction for the commission of the offense; or

3. Such person does not have the state of mind sufficient for the commission of the
offense in question.

B. It is not a defense to a prosecution for solicitation or conspiracy 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 solicitation or conspiracy.