§2.06. Liability for Conduct of Another; Complicity.
(1) A person is guilty of an offense if it is committed by the person’s own conduct or by the conduct of another person for which the first person is legally accountable, or both.
(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 offense, the person causes an innocent or irresponsible person to engage in such conduct; or
(b) the person is made accountable for the conduct of such other person by this code or by the law defining the offense; or
(c) the person is an accomplice of such other person in the commission of the offense.
(3) A person is an accomplice of another person in the commission of an offense if:
(a) with the purpose of promoting or facilitating the commission of the offense, the person:
(i) solicits such other person to commit it; or
(ii) aids or agrees to aid such other person in planning or committing it; or
(iii) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or
(b) the person acts with the knowledge that such other person is committing or has the purpose of committing the offense, and the person knowingly, substantially facilitates its commission; or
(c) the person’s conduct is expressly declared by law to establish his or her complicity.
(4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result, is an accomplice in the commission of that offense, if the person acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.
(5) A person who is legally incapable of committing a particular offense himself or herself, may be guilty of the offense if it is committed by the conduct of another person for which the first person is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing the person’s incapacity.
(6) Unless otherwise provided by this code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:
(a) he or she is a victim of that offense; or
(b) the offense is so defined that the person’s conduct is inevitably incident to its commission; or
(c) the person terminates his or her complicity prior to the commission of the offense; and,
(i) wholly deprives it of effectiveness in the commission of the offense, or
(ii) gives timely warning to the law enforcement authorities or otherwise makes proper and substantial effort to prevent the commission of the offense.
(7) An accomplice may be convicted on proof of the commission of the offense and of his or her complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.
