9A.08.020 - Liability for conduct of another -- Complicity.

Liability for conduct of another — Complicity.

(1) A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.

     (2) A person is legally accountable for the conduct of another person when:

     (a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or

     (b) He is made accountable for the conduct of such other person by this title or by the law defining the crime; or

     (c) He is an accomplice of such other person in the commission of the crime.

     (3) A person is an accomplice of another person in the commission of a crime if:

     (a) With knowledge that it will promote or facilitate the commission of the crime, he

     (i) solicits, commands, encourages, or requests such other person to commit it; or

     (ii) aids or agrees to aid such other person in planning or committing it; or

     (b) His conduct is expressly declared by law to establish his complicity.

     (4) A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

     (5) Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:

     (a) He is a victim of that crime; or

     (b) He terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

     (6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted.

[1975-'76 2nd ex.s. c 38 § 1; 1975 1st ex.s. c 260 § 9A.08.020.]

Notes: Effective date -- 1975-'76 2nd ex.s. c 38: "This 1976 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1976." [1975-'76 2nd ex.s. c 38 § 21.]

Severability -- 1975-'76 2nd ex.s. c 38: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 38 § 20.]