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.
§ 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, 2023 PA Super 106 (Pa. Super. Ct. 2023).
Com. v. James, J, 297 A.3d 755, 2023 PA Super 106 (Pa. Super. Ct. 2023).
· cites it 4× “18 Pa.C.S. § 904. Section 904 is derived from Model Penal Code § 5.”
Deyo v. Eck, No. 5:23-cv-01658 (E.D. Pa. June 5, 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., No. 56 MDA 2014 (Pa. Super. Ct. Oct. 3, 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, 2023 PA Super 106 (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.