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46.3207 Responsibility for the conduct of another.

Cite as [A.S.C.A. § 46.3207]

(a) A person is criminally responsible for the conduct of another when:

(1) the statute defining the offense makes him responsible; or

(2) either before or during the commission of an offense with the purpose of promoting the commission of an offense, he aids or agrees to aid or attempts to aid the other person in planning, committing or attempting to commit the offense.

(b) However, a person is not responsible if:

(1) he is the victim of the offense committed or attempted;

(2) the offense is so defined that his conduct was necessarily incident to the commission or attempt to commit the offense. If his conduct constitutes a related but separate offense, he is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person; or

(3) before the commission of the offense he abandons his purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission or the offense.

(c) The defense provided by paragraph (b) (3) is an affirmative defense.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 562.041, 15 ASC 2, 15 ASC 3, 15 ASC 4801.