Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 523 (2026)

Criminal solicitation and conspiracy unaffected by matters relating to the complicity of other persons

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(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant’s criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.

(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant’s criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant’s coconspirators could not be guilty of the conspiracy or the crime contemplated.

11 Del. C. 1953, §  523;  58 Del. Laws, c. 497, §  1; 
Notes of Decisions
Cited in 1 case, 1975–1975 · leading case: Saienni v. State, 346 A.2d 152 (Del. 1975).
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Saienni v. State, 346 A.2d 152 (Del. 1975). “We find no merit to this argument, which is controlled by 11 Del.C. § 523(2): “It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or…”
11 Del. C. § 523(2): 1 case
Saienni v. State, 346 A.2d 152 (Del. 1975). “We find no merit to this argument, which is controlled by 11 Del.C. § 523(2): “It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or…”
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