(1) Except as provided in (2), it's immaterial to the liability of a person who solicits or conspires with another to commit a crime that the person or person whom the person solicits or conspires:

(a) doesn't occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does OR

(b) is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has faked the agreement OR

(c) hasn't been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted

(2) it's a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor wouldn't be guilty of a crime under the law defining the offense or as an accomplice under 161.150 to 161.165 (exemptions to criminal liability for conduct of another)