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Parties to Offenses Accountability - 3.12

3.12.010 Applicability

This Chapter shall be applicable to all criminal offenses defined in Title 3 Municipal Court as well as to any other offenses prosecuted in the municipal court.

3.12.020 Liability based upon behavior

A person is guilty of an offense if it is committed by the behavior of another person for which he is legally accountable as provided in this Chapter.

3.12.030 Behavior of another
  1. A person is legally accountable for the behavior of another person if:
    1. He is made accountable for the conduct of that person by the law defining the offense or by a specific provision of this Code; or
    2. He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.
  2. As used in subsection A. 2. of this Section, an “innocent person” includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption, or unawareness of the criminal nature of the conduct in question or of the defendant’s criminal purpose, or any other factor including the mental state sufficient for the commission of the offense in question.
3.12.040 Complicity

A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense.

3.12.050 Exemptions from liability--No defense based upon behavior of another
  1. Unless otherwise provided by the provision of this Code defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of that offense or the offense is so defined that his conduct is inevitably incidental to its commission.
  2. It shall be an affirmative defense to a charge under Section 3.12.040 Complicity of this Chapter if, prior to the commission of the offense, the defendant terminated his effort to promote or facilitate its commission and either gave timely warning to the intended victim or gave timely warning to law enforcement authorities.
3.12.060 Liability based on behavior of another--No defense

In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to this Chapter, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.