Mitigation - Affirmative defense

It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that: (1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and (2) Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability. Acts 1975, No. 280, § 715; A.S.A. 1947, § 41-715. It is an affirmative defense to a prosecution for criminal attempt, solicitation, or conspiracy that: (1) The conduct charged to constitute the offense is inherently unlikely to result or to culminate in the commission of a crime; and (2) Neither the conduct nor the defendant presents a public danger warranting imposition of criminal liability. Acts 1975, No. 280, § 715; A.S.A. 1947, § 41-715.