Sec. 11.16.120. Exemptions to legal accountability for conduct of another.

254 words·~1 min read·/ak/title-11/chapter-16/11-16-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In a prosecution for an offense in which legal accountability is based on the conduct of another person,

(1)it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of criminal intent,

(A)terminated the defendant's complicity before the commission of the offense;

(B)wholly deprived the defendant's complicity of its effectiveness in the commission of the offense; and

(C)gave timely warning to law enforcement authorities or, if timely warning could not be given to law enforcement authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense;

(2)it is not a defense that

(A)the other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been convicted of a different offense or degree of offense;

(B)the offense, as defined, can be committed only by a particular class of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or

(C)the other person is not guilty of the offense.

(b)Except as otherwise provided by a provision of law defining an offense, a person is not legally accountable for the conduct of another constituting an offense if

(1)the person is the victim of the offense; or

(2)the offense is so defined that the person's conduct is inevitably incidental to its commission.