2C:5-3 - Incapacity, irresponsibility or immunity of party to conspiracy - New-jersey Statutes

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2C:5-3. Incapacity, irresponsibility or immunity of party to conspiracy
      a. In general.    Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:

    (1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or

    (2) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

      b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime.    It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e. (1) or (2).

     L.1978, c. 95, s. 2C:5-3, eff. Sept. 1, 1979.

State Codes and Statutes

Statutes > New-jersey > Title-2c > Section-2c-5 > 2c-5-3

2C:5-3. Incapacity, irresponsibility or immunity of party to conspiracy
      a. In general.    Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:

    (1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or

    (2) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

      b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime.    It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e. (1) or (2).

     L.1978, c. 95, s. 2C:5-3, eff. Sept. 1, 1979.

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State Codes and Statutes

Statutes > New-jersey > Title-2c > Section-2c-5 > 2c-5-3

2C:5-3. Incapacity, irresponsibility or immunity of party to conspiracy
      a. In general.    Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:

    (1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or

    (2) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

      b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime.    It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e. (1) or (2).

     L.1978, c. 95, s. 2C:5-3, eff. Sept. 1, 1979.