US Lawyer Database

76-2-203. Defenses unavailable in prosecution based on conduct of another.
In any prosecution in which an actor’s criminal responsibility is based on the conduct of another, it is no defense:

  • (1) That the actor belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity, or
  • (2) That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense or is immune from prosecution.

Enacted by Chapter 196, 1973 General Session