562.041. Responsibility for the conduct of another. - Missouri Statutes

Responsibility for the conduct of another.

562.041. 1. A person is criminally responsible for theconduct of another when

(1) The statute defining the offense makes him soresponsible; or

(2) Either before or during the commission of an offensewith the purpose of promoting the commission of an offense, heaids or agrees to aid or attempts to aid such other person inplanning, committing or attempting to commit the offense.

2. However, a person is not so responsible if:

(1) He is the victim of the offense committed or attempted;

(2) The offense is so defined that his conduct wasnecessarily incident to the commission or attempt to commit theoffense. If his conduct constitutes a related but separateoffense, he is criminally responsible for that offense but notfor the conduct or offense committed or attempted by the otherperson;

(3) Before the commission of the offense he abandons hispurpose and gives timely warning to law enforcement authoritiesor otherwise makes proper effort to prevent the commission of theoffense.

3. The defense provided by subdivision (3) of subsection 2is an affirmative defense.

(L. 1977 S.B. 60)

Effective 1-1-79

(1997) Female can be held guilty of rape where she aids a male in committing the rape, even though she cannot commit a rape individually. Bass v. State, 950 S.W.2d 940 (Mo.App.W.D.).