AI-assisted research summary: This chapter explains when a person or organization can be legally responsible for an offense committed by their own conduct or by someone else’s conduct.
Chapter 16. Parties to Crime. Sec. 11.16.100. Legal accountability based upon conduct. A person is guilty of an offense if it is committed by the person's own conduct or by the conduct of another for which the person is legally accountable under AS 11.16.110 , or by both. Sec. 11.16.110. Legal accountability based upon the conduct of another. A person is legally accountable for the conduct of another constituting an offense if (1) the person is made legally accountable by a provision of law defining the offense; (2) with intent to promote or facilitate the commission of the offense, the person (A) solicits the other to commit the offense; or (B) aids or abets the other in planning or committing the offense; or (3) acting with the culpable mental state that is sufficient for the commission of the offense, the person causes an innocent person or a person who lacks criminal responsibility to engage in the proscribed conduct. Sec. 11.16.120. Exemptions to legal accountability for conduct of another. (a) In a prosecution for an offense in which legal accountability is based on the conduct of another person, (1) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of criminal intent, (A) terminated the defendant's complicity before the commission of the offense; (B) wholly deprived the defendant's complicity of its effectiveness in the commission of the offense; and (C) gave timely warning to law enforcement authorities or, if timely warning could not be given to law enforcement authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense; (2) it is not a defense that (A) the other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been convicted of a different offense or degree of offense; (B) the offense, as defined, can be committed only by a particular class of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or (C) the other person is not guilty of the offense. (b) Except as otherwise provided by a provision of law defining an offense, a person is not legally accountable for the conduct of another constituting an offense if (1) the person is the victim of the offense; or (2) the offense is so defined that the person's conduct is inevitably incidental to its commission. Sec. 11.16.130. Legal accountability of organizations. (a) Except as otherwise expressly provided, an organization is legally accountable for conduct constituting an offense if the conduct (1) is the conduct of its agent and (A) within the scope of the agent's employment and in behalf of the organization; or (B) is solicited, subsequently ratified, or subsequently adopted by the organization; or (2) consists of an omission to discharge a specific duty of affirmative performance imposed on organizations by law. (b) In this section agent means a director, officer, or employee of an organization or any other person who is authorized to act in behalf of the organization.