Effective - 01 Jan 2017, 2 histories
562.041. Responsibility for the conduct of another. — 1. A person is criminally responsible for the conduct of another when:
(1) The statute defining the offense makes him or her so responsible; or
(2) Either before or during the commission of an offense with the purpose of promoting the commission of an offense, he or she aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.
2. However, a person is not so responsible if:
(1) He or she is the victim of the offense committed or attempted;
(2) The offense is so defined that his or her conduct was necessarily incident to the commission or attempt to commit the offense. If his or her conduct constitutes a related but separate offense, he or she is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person;
(3) Before the commission of the offense such person abandons his or her purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
3. The defense provided by subdivision (3) of subsection 2 of this section is an affirmative defense.
--------
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
(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.).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 562 - General Principles of Liability
Section 562.011 - Voluntary act.
Section 562.012 - Attempt — guilt for an offense may be based on.
Section 562.014 - Conspiracy, offense of — penalty.
Section 562.016 - Culpable mental state.
Section 562.021 - Culpable mental state, application.
Section 562.026 - Culpable mental state, when not required.
Section 562.031 - Ignorance and mistake.
Section 562.036 - Accountability for conduct.
Section 562.041 - Responsibility for the conduct of another.
Section 562.046 - Defense precluded.
Section 562.051 - Conviction of different degrees of offenses.
Section 562.056 - Liability of corporations and unincorporated associations.
Section 562.061 - Liability of individual for conduct of corporation or unincorporated association.
Section 562.076 - Intoxicated or drugged condition.
Section 562.086 - Lack of responsibility because of mental disease or defect.