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39-11-407 - Defenses excluded.

39-11-407. Defenses excluded.

In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that:

     (1)  The other 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)  The person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or different type or class of offense, or is immune from prosecution.

[Acts 1989, ch. 591, § 1.]  

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