New Jersey Statutes 2C:5-3. Incapacity, irresponsibility or immunity of party to conspiracy
Terms Used In New Jersey Statutes 2C:5-3
- Conviction: A judgement of guilt against a criminal defendant.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) He or the person 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 with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.
b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime. It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e (1) or (2).
L.1978, c. 95, s. 2C:5-3, eff. Sept. 1, 1979.