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This entry was published on 2014-09-22
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SECTION 115.10
Criminal facilitation; no defense
Penal (PEN) CHAPTER 40, PART 3, TITLE G, ARTICLE 115
§ 115.10 Criminal facilitation; no defense.

It is no defense to a prosecution for criminal facilitation that:

1. The person facilitated was not guilty of the underlying felony
owing to criminal irresponsibility or other legal incapacity or
exemption, or to unawareness of the criminal nature of the conduct in
question or to other factors precluding the mental state required for
the commission of such felony; or

2. The person facilitated has not been prosecuted for or convicted of
the underlying felony, or has previously been acquitted thereof; or

3. The defendant himself is not guilty of the felony which he
facilitated because he did not act with the intent or other culpable
mental state required for the commission thereof.