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Liability for conduct of another; complicity - 18 Pa. Cons. Stat. § 306Legal Research Home > Pennsylvania Statutes
§ 306. Liability for conduct of another; complicity.
(a) General rule.--A person is guilty of an offense if it is
committed by his own conduct or by the conduct of another person
for which he is legally accountable, or both.
(b) Conduct of another.--A person is legally accountable for
the conduct of another person when:
(1) acting with the kind of culpability that is
sufficient for the commission of the offense, he causes an
innocent or irresponsible person to engage in such conduct;
(2) he is made accountable for the conduct of such other
person by this title or by the law defining the offense; or
(3) he is an accomplice of such other person in the
commission of the offense.
(c) Accomplice defined.--A person is an accomplice of
another person in the commission of an offense if:
(1) with the intent of promoting or facilitating the
commission of the offense, he:
(i) solicits such other person to commit it; or
(ii) aids or agrees or attempts to aid such other
person in planning or committing it; or
(2) his conduct is expressly declared by law to
establish his complicity.
(d) Culpability of accomplice.--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 he acts with the kind of culpability, if any, with
respect to that result that is sufficient for the commission of
the offense.
(e) Status of actor.--In any prosecution for an offense in
which criminal liability of the defendant is based upon the
conduct of another person pursuant to this section, it is no
defense that the offense in question, as defined, can be
committed only by a particular class or classes of persons, and
the defendant, not belonging to such class or classes, is for
that reason legally incapable of committing the offense in an
individual capacity.
(f) Exceptions.--Unless otherwise provided by this title or
by the law defining the offense, a person is not an accomplice
in an offense committed by another person if:
(1) he is a victim of that offense;
(2) the offense is so defined that his conduct is
inevitably incident to its commission; or
(3) he terminates his 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 effort to prevent
the commission of the offense.
(g) Prosecution of accomplice only.--An accomplice may be
convicted on proof of the commission of the offense and of his
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.
Cross References. Section 306 is referred to in sections
904, 3218, 6111 of this title; section 9711 of Title 42
(Judiciary and Judicial Procedure).
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Last modified: November 27, 2007 |