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RSMo 562.046effective 01 Jan 1979

Defense precluded

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In plain English

If someone is charged with a crime because of what another person did, they cannot get off the hook just because that other person was found not guilty, never charged, convicted of something different, too young to be charged, or protected from prosecution. Also, the person charged cannot use the excuse that they personally could not have committed the crime on their own.

Word-for-word law

562.046. . — It is no defense to any for an in which the of the is based upon the conduct of another that

(1) Such other person has been or has not been or has been convicted of some other offense or degree of offense or lacked or was unaware of the defendant's criminal purpose or is or is not ; or

(2) The defendant does not belong to that class of persons who was legally capable of committing the offense in an individual .

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Source & history notes

(L. 1977 S.B. 60) Effective 1-01-79

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

RSMo 562.046: Defense precluded | KnowMo Laws