Conspiracy; no defense · as in force on May 31, 2026
§ 105.30 Conspiracy; no defense.
It is no defense to a prosecution for conspiracy that, owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the agreement or the object conduct or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of conspiracy or the object crime, one or more of the defendant's co-conspirators could not be guilty of conspiracy or the object crime.
In a conspiracy prosecution, it is no defense that 1 or more alleged co-conspirators could not be guilty of conspiracy or the intended crime because of irresponsibility, incapacity, exemption, lack of awareness, lack of criminal purpose, or another missing required mental state. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.