CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER - Texas Statutes

PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

SUBCHAPTER A. COMPLICITY

Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally

responsible as a party to an offense if the offense is committed

by his own conduct, by the conduct of another for which he is

criminally responsible, or by both.

(b) Each party to an offense may be charged with commission of

the offense.

(c) All traditional distinctions between accomplices and

principals are abolished by this section, and each party to an

offense may be charged and convicted without alleging that he

acted as a principal or accomplice.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a)

A person is criminally responsible for an offense committed by

the conduct of another if:

(1) acting with the kind of culpability required for the

offense, he causes or aids an innocent or nonresponsible 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, he solicits, encourages, directs, aids, or attempts

to aid the other person to commit the offense; or

(3) having a legal duty to prevent commission of the offense and

acting with intent to promote or assist its commission, he fails

to make a reasonable effort to prevent commission of the offense.

(b) If, in the attempt to carry out a conspiracy to commit one

felony, another felony is committed by one of the conspirators,

all conspirators are guilty of the felony actually committed,

though having no intent to commit it, if the offense was

committed in furtherance of the unlawful purpose and was one that

should have been anticipated as a result of the carrying out of

the conspiracy.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an

actor's criminal responsibility is based on the conduct of

another, the actor may be convicted on proof of commission of the

offense and that he was a party to its commission, and it is no

defense:

(1) that the actor belongs to a class of persons that 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS

Sec. 7.21. DEFINITIONS. In this subchapter:

(1) "Agent" means a director, officer, employee, or other person

authorized to act in behalf of a corporation or association.

(2) "High managerial agent" means:

(A) a partner in a partnership;

(B) an officer of a corporation or association;

(C) an agent of a corporation or association who has duties of

such responsibility that his conduct reasonably may be assumed to

represent the policy of the corporation or association.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR

ASSOCIATION. (a) If conduct constituting an offense is

performed by an agent acting in behalf of a corporation or

association and within the scope of his office or employment, the

corporation or association is criminally responsible for an

offense defined:

(1) in this code where corporations and associations are made

subject thereto;

(2) by law other than this code in which a legislative purpose

to impose criminal responsibility on corporations or associations

plainly appears; or

(3) by law other than this code for which strict liability is

imposed, unless a legislative purpose not to impose criminal

responsibility on corporations or associations plainly appears.

(b) A corporation or association is criminally responsible for a

felony offense only if its commission was authorized, requested,

commanded, performed, or recklessly tolerated by:

(1) a majority of the governing board acting in behalf of the

corporation or association; or

(2) a high managerial agent acting in behalf of the corporation

or association and within the scope of his office or employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff.

Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN

BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is

criminally responsible for conduct that he performs in the name

of or in behalf of a corporation or association to the same

extent as if the conduct were performed in his own name or

behalf.

(b) An agent having primary responsibility for the discharge of

a duty to act imposed by law on a corporation or association is

criminally responsible for omission to discharge the duty to the

same extent as if the duty were imposed by law directly on him.

(c) If an individual is convicted of conduct constituting an

offense performed in the name of or on behalf of a corporation or

association, he is subject to the sentence authorized by law for

an individual convicted of the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR

ASSOCIATION. It is an affirmative defense to prosecution of a

corporation or association under Section 7.22(a)(1) or (a)(2)

that the high managerial agent having supervisory responsibility

over the subject matter of the offense employed due diligence to

prevent its commission.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff.

Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.