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RSMo 562.041effective 01 Jan 2017

Responsibility for the conduct of another

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In plain English

A person can be held responsible for a crime someone else committed if they helped plan it, helped do it, or agreed to help — even if they did not commit the crime themselves. But a person is NOT responsible if they were the victim of the crime, if their part in it was just a normal part of the crime itself, or if they changed their mind before the crime happened and warned the police or tried to stop it. The last exception is something the person has to prove themselves in court.

Word-for-word law

562.041. Responsibility for the conduct of another. — 1. A person is for the conduct of another when:

(1) The defining the makes him or her so responsible; or

(2) Either before or during the with the purpose of promoting the commission of an offense, he or she aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.

2. However, a person is not so responsible if:

(1) He or she is the victim of the offense committed or attempted;

(2) The offense is so defined that his or her conduct was to the or attempt to commit the offense. If his or her conduct constitutes a related but separate offense, he or she is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person;

(3) Before the such person his or her purpose and gives timely warning to law authorities or otherwise makes proper effort to prevent the commission of the offense.

3. The provided by (3) of 2 of this section is an .

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Source & history notes

(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17 (1997) Female can be held guilty of rape where she aids a male in committing the rape, even though she cannot commit a rape individually. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 562.041: Responsibility for the conduct of another | KnowMo Laws