Legge
delle parti del Texas
di
PENAL CODE CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
§ 7.01.
PARTIES TO OFFENSES.
(a) A person is criminally responsible as a party to an offense if the
offense is committed by his own conduct, by the conduct of another for
which he is criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are
abolished by this section, and each party to an offense may be charged
and convicted without alleging that he acted as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 7.02.
CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.
(a) A person is criminally responsible for an offense committed by the
conduct of another if: (1) acting with the kind of culpability required
for the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense,
he solicits, encourages, directs, aids, or attempts to aid the other person
to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting
with intent to promote or assist its commission, he fails to make a reasonable
effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony,
another felony is committed by one of the conspirators, all conspirators
are guilty of the felony actually committed, though having no intent to
commit it, if the offense was committed in furtherance of the unlawful
purpose and was one that should have been anticipated as a result of the
carrying out of the conspiracy.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 7.03.
DEFENSES
EXCLUDED. In a prosecution in which an actor's criminal responsibility
is based on the conduct of another, the actor may be convicted on proof
of commission of the offense and that he was a party to its commission,
and it is no defense:
(1) that the actor belongs to a class of persons that by definition of
the offense is legally incapable of committing the offense in an individual
capacity; or
(2) that the person for whose conduct the actor is criminally responsible
has been acquitted, has not been prosecuted or convicted, has been convicted
of a different offense or of a different type or class of offense, or
is immune from prosecution.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
___________
NB:
I CONTENUTI DEL SITO POSSONO ESSERE PRELEVATI CITANDO L'AUTORE
E LINKANDO
www.osservatoriosullalegalita.org