§ 12.1-03-01 — Accomplices

North Dakota § 12.1-03-01

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-03: Accomplices - Corporations - Agents

Text

1. A person may be convicted of an offense based upon the conduct of another person
when:
a. Acting with the kind of culpability required for the offense, he causes the other to
engage in such conduct;
b. With intent that an offense be committed, he commands, induces, procures, or
aids the other to commit it, or, having a statutory duty to prevent its commission,
he fails to make proper effort to do so; or
c. He is a coconspirator and his association with the offense meets the
requirements of either of the other subdivisions of this subsection.
A person is not liable under this subsection for the conduct of another person when he
is either expressly or by implication made not accountable for such conduct by the
statute defining the offense or related provisions because he is a victim of the offense
or otherwise.
2. Unless otherwise provided, in a prosecution in which the liability of the defendant is
based upon the conduct of another person, it is no defense that:
a. The defendant does not belong to the class of persons who, because of their
official status or other capacity or characteristic, are by definition of the offense
the only persons capable of directly committing it; or
b. The person for whose conduct the defendant is being held liable has been
acquitted, has not been prosecuted or convicted, has been convicted of a
different offense, is immune from prosecution, or is otherwise not subject to
justice.