Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 904 (2026)

Incapacity, irresponsibility or immunity of party to solicitation or conspiracy.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 904. Incapacity, irresponsibility or immunity of party to solicitation or conspiracy.

(a) General rule.--Except as provided in subsection (b) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:

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

(b) Exception.--It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under section 306(e) of this title (relating to status of actor) or section 306(f)(1) or (2) of this title (relating to exceptions).

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2023 · leading case: Com. v. James, J, 297 A.3d 755 (Pa. Super. Ct. 2023).

Sort: Relevance Newest Treatment

Com. v. James, J, 297 A.3d 755 (Pa. Super. Ct. 2023). · cites it 4× “18 Pa.C.S. § 904. Section 904 is derived from Model Penal Code § 5.”

Deyo v. Eck (E.D. Pa. 2023). “§ 504 (execution of public duty); 18 Pa. C.S. § 904 (incapacity, irresponsibility or immunity of party to solicitation or conspiracy); 18 Pa.”

Com. v. Serrano-Gomez, L. (Pa. Super. Ct. 2014). “3 18 Pa.C.S. § 904. J-S48022-14 imprisonment plus one year of probation on the offensive weapons charge.”

— 18 Pa. Cons. Stat. § 904(a)(2) — 1 case

Com. v. James, J, 297 A.3d 755 (Pa. Super. Ct. 2023). “18 Pa.C.S. § 904. Section 904 is derived from Model Penal Code § 5.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.