Ky. Rev. Stat. » Chapter 506

Ky. Rev. Stat. § 506.070

Incapacity of solicitee or co-conspirator

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(1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the crime solicited. (2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could not be guilty of the conspiracy or the crime contemplated by the conspiracy because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conspiracy or the conduct contemplated by the conspiracy or of the defendant's criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the conspiracy or the crime contemplated by the conspiracy. (3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have been acquitted or discharged under circumstances amounting to an acquittal. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975.

Notes of Decisions
Cited in 4 cases, 1994–2010 · leading case: Commonwealth v. Sego
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Commonwealth v. Sego (1994) ky · cites it 31× “The commentary to KRS 506.070 points out that one of the problems with this analysis is that no conspiracy can exist if one of the parties is irresponsible or innocent.”
McGinnis v. Commonwealth (1994) ky · cites it 4× “" For a further example of the lack of reliability of the Commentary as published in Criminal Law of Kentucky, the last paragraph of the Commentary associated with KRS 506.070 appears after the section on "Relationship to pre-existing law" and is NOT reprinted in Criminal Law of…”
Fletcher v. Graham (2006) ky · cites it 2× “040, [9] KRS 506.070, [10] *375 KRS 506.080, [11] KRS 524.”
Turbyfill v. Executive Branch Ethics Commission (2010) kyctapp “040, KRS 506.070, KRS 506.080, KRS 524.050, or KRS 524.”
— Ky. Rev. Stat. § 506.070(2) — 1 case
Commonwealth v. Sego (1994) ky “The commentary to KRS 506.070 points out that one of the problems with this analysis is that no conspiracy can exist if one of the parties is irresponsible or innocent.”
— Ky. Rev. Stat. § 506.070(2)(a) — 1 case
Commonwealth v. Sego (1994) ky “The commentary to KRS 506.070 points out that one of the problems with this analysis is that no conspiracy can exist if one of the parties is irresponsible or innocent.”
— Ky. Rev. Stat. § 506.070(3) — 2 cases
Commonwealth v. Sego (1994) ky “The commentary to KRS 506.070 points out that one of the problems with this analysis is that no conspiracy can exist if one of the parties is irresponsible or innocent.”
McGinnis v. Commonwealth (1994) ky “" For a further example of the lack of reliability of the Commentary as published in Criminal Law of Kentucky, the last paragraph of the Commentary associated with KRS 506.070 appears after the section on "Relationship to pre-existing law" and is NOT reprinted in Criminal Law of…”
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