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N.J. Stat. Ann. § 2C:5-3

Incapacity, irresponsibility or immunity of party to conspiracy

Known as the September 11th, 2001 Anti-Terrorism Act

The act spans §§ 2–2 (912 sections).

Applied in 1 court decision — leading case Com. v. James, J (2023)

Most recently applied in Com. v. James, J (June 2023)

L.1978, c. 95, s. 2C:5-3, eff

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).

Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.