New Jersey statute
N.J.S.A. 2C:5-3 — Incapacity, irresponsibility or immunity of party to conspiracy
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 5, New Jersey Statutes.
Full text of N.J.S.A. 2C:5-3
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
a. In general. Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:
(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.
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