Tennessee § 39-11-402 - Criminal responsibility for conduct of another.

§ 39-11-402. Criminal responsibility for conduct of another.

A person is criminally responsible for an offense committed by the conduct of another, if: Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense; Acting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense; or Having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the person fails to make a reasonable effort to prevent commission of the offense. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section establishes three conditions under which a person may be criminally liable for the conduct of another. Subdivision (1) codifies Tennessee common law regarding criminal responsibility for the use of an innocent or irresponsible person to commit an offense. Subdivision (2) sets forth the conduct of defendants formerly known as accessories before the fact and aiders and abettors. Subdivision (3) sets forth what criminal liability is imposed upon offenders who neglect their duty with intent to benefit from, promote, or assist in the commission of an offense. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Culpable mental states, §§ 39-11-106 , 39-11-301 , 39-11-302 . Incapacity, irresponsibility or immunity of party to solicitation, attempt or conspiracy, defenses, § 39-12-105 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 26.51, 26.53, 26.54. Tennessee Jurisprudence, 1 Tenn. Juris., Accomplice and Accessories, § 7; 6 Tenn. Juris., Conspiracy, § 2; 6 Tenn. Juris., Compounding Offenses, § 3; 16 Tenn. Juris., Intoxicating Liquors, §§ 15, 16. Law Reviews. Accessory Liability: Acquittal of the Principal Bars Conviction of the Accessory Before the Fact — The Common Law Lives in Tennessee, 15 Mem. St. U.L. Rev. 87 (1984). State v. Carson: A Misguided Attempt to Retain the Natural and Probable Consequence Doctrine of Accomplice Liability Under the Current Tennessee Code, 29 U. Mem. L. Rev. 273 (1998).