KRS 506.070: Incapacity of solicitee or co-conspirator.

(1) It is no defense to a prosecution for criminal solicitation that the person solicited

could not be guilty of the crime solicited because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature o f the conduct solicited or of the

defendant's criminal purpose; or

(c) Any other factor precluding the mental state required for the commission of

the crime solicited.

(2) It is no defense to a prosecution for criminal conspiracy that a co -conspirator could

not be guilty of the conspiracy or the crime contemplated by the conspiracy because

of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conspiracy or the conduct

contemplated by the conspiracy or of the defendant's criminal purpose; or

(c) Any other factor precluding the mental state required for the commission of

the conspiracy or the crime contemplated by the conspiracy.

(3) A defendant cannot be convicted of conspiracy if all of his co -conspirators have

been acquitted or discharged under circumstances amounting to an acquittal.