Same: Defenses Allowed and Disallowed

(a)In any prosecution for conspiracy, it is a defense that if the criminal object was achieved, the defendant would not be guilty of a crime under the law defining the crime or as an accomplice under Subsection

(a)of § 4.75.

(b)In any prosecution of conspiracy, it is no defense that:

(1)a co-conspirator would not be guilty of conspiracy or the crime which was its object because of his lack of criminal responsibility or other legal incapacity, or because of his lack of culpability required for the crime;

(2)the crime can be committed only by a particular class of persons to which either the defendant or a co-conspirator does not belong; COL120106 CH. 13 A TTEMPT, SOLICITATION, CONSPIRACY

(3)a co-conspirator has legal immunity from prosecution, or has not been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted; or

(4)the agreement of a purported co-conspirator was feigned.