Legal Accountability, and Complicity (18-1, Article Part 6) Flashcards
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 sections 18-1-602 to 18-1-607
18-1-601 Liability Based Upon Behavior
(1) A person is legally accountable for the behavior of another person if:
(a) He is made accountable for the conduct of that person by the statute defining the offense or by specific provision of this code; or
(b) He acts with 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 (1) of this section, “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 precluding the mental state sufficient for the commission of the offense in question.
18-1-602 Behavior of Another
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 or she aids, abets, advises, or encourages the other person in planning or committing the offense.
18-1-603 Complicity
(1) Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of the 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 18-1-603 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 law enforcement authorities or gave timely warning to the intended victim.
18-1-604 Exemptions from liability based upon behavior of another
In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to sections 18-1-601 to 18-1-604, 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 person who by definition of the offense are legally incapable of committing the offense in an individual capacity
18-1-605 Liability based on behavior of another–no defense
18-1-606
A person is liable for a crime that he commits in the name of or on behalf of a corporation, to the same extent as if the crime(s) were committed in his own name or on his own behalf.
A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or in behalf of a corporation to the same extent at if that conduct were performed or caused by him in his own name or behalf.
18-1-607 Criminal liability of an individual for corporate conduct
