Tennessee § 39-12-105 - Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy — Defenses.

§ 39-12-105. Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy — Defenses.

Except as provided in subsection (c), it is immaterial to the liability of a person who solicits another to commit an offense that: The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense. Except as provided in subsections (c) and (d), it is immaterial to the liability of a person who conspires with another to commit an offense that the one with whom the person conspires is not legally responsible or, after the formation of the conspiracy, has been given immunity to prosecution or conviction for the commission of the offense. It is a defense to a charge of attempt, solicitation or conspiracy to commit an offense that if the criminal object were achieved, the person would not be guilty of an offense under the law defining the offense or as an accomplice under § 39-11-402. It is a defense to a charge of conspiracy that the person or the one with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such offense, if the person believes one of them does. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 1. Sentencing Commission Comments. Under subsection (a), an offender can be convicted of solicitation even if the person solicited is a minor, a police agent, incompetent or immune from prosecution. The underlying theory is that the public is harmed by a solicitation even if the co-conspirator cannot be prosecuted for the offense that is the object of the solicitation. Under subsection (b), an offender can be convicted of conspiracy even if the sole co-conspirator is a minor, incompetent or is immune from prosecution. Under subsection (d), however, a person could not be convicted of conspiracy if the sole co-conspirator is a police agent acting within the agent's duties. This retains the multilateral approach to conspiracy. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Criminal attempt, § 39-12-101 . Criminal conspiracy, § 39-12-103 . Grading attempt, solicitation and conspiracy, § 39-12-107 . Solicitation, § 39-12-102 . Title definitions, § 39-11-106 . Law Reviews. The Prevalence and Use of Criminal Defenses: A Preliminary Study (Neil P. Cohen, Michael G. Johnson, Tracy B. Henley), 60 Tenn. L. Rev. 957 (1993).