(a) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or because of other factors precluding the mental state required for the commission of the crime in question.
(b) It is no defense to a prosecution for criminal conspiracy that, because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the agreement or the conduct contemplated or of the defendant's criminal purpose or because of other factors precluding the mental state required for commission of the conspiracy or the crime contemplated, 1 or more of the defendant's coconspirators could not be guilty of the conspiracy or the crime contemplated.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
§ 501. Criminal solicitation in the third degree; class A misdemeanor.
§ 502. Criminal solicitation in the second degree; class F felony.
§ 503. Criminal solicitation in the first degree; class E felony.
§ 511. Conspiracy in the third degree; class A misdemeanor.
§ 512. Conspiracy in the second degree; class G felony.
§ 513. Conspiracy in the first degree; class E felony.
§ 522. Joinder and venue in conspiracy prosecutions.
§ 531. Attempt to commit a crime.
§ 532. “Substantial step” defined.
§ 533. Conduct intended to aid another to commit a crime.
§ 541. Criminal solicitation, conspiracy, attempt to commit a crime; defense of renunciation.