Under present law, a person is criminally responsible for an offense committed by the conduct of another, if: (1) Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense; (2) Acting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense; or (3) Having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the person fails to make a reasonable effort to prevent commission of the offense. Also under present law, a person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility, the person knowingly furnishes substantial assistance in the commission of the felony. The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged. This bill eliminates criminal responsibility for the conduct of another as described in (1) – (3), as well as criminal responsibility for the facilitation of a felony. This bill removes from the present law definition of first degree murder a killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult, aggravated neglect of an elderly or vulnerable adult, aggravated child abuse, aggravated child neglect, or aircraft piracy.

Statutes affected:
Introduced: 39-11-402, 39-11-403, 39-13-202(a), 39-13-202, 39-13-202(b), 39-13-202(c)(1), 39-12-105(c), 39-12-105, 39-12-301(1), 39-12-301, 39-14-149, 39-14-408(c)(2), 39-14-408, 40-24-108(b)(2)(N), 40-24-108, 40-35-321(e)(3), 40-35-321, 40-39-202, 40-39-301(2)(C), 40-39-301, 40-35-124(a)(11), 40-35-124