Section 11.16.120. Exemptions to legal accountability for conduct of another.  


Latest version.
  •    (a) In a prosecution for an offense in which legal accountability is based on the conduct of another person,
            (1) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of criminal intent,
                 (A) terminated the defendant's complicity before the commission of the offense;
                 (B) wholly deprived the defendant's complicity of its effectiveness in the commission of the offense; and
                 (C) gave timely warning to law enforcement authorities or, if timely warning could not be given to law enforcement authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense;
            (2) it is not a defense that
                 (A) the other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been convicted of a different offense or degree of offense;
                 (B) the offense, as defined, can be committed only by a particular class of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or
                 (C) the other person is not guilty of the offense.
       (b) Except as otherwise provided by a provision of law defining an offense, a person is not legally accountable for the conduct of another constituting an offense if
            (1) the person is the victim of the offense; or
            (2) the offense is so defined that the person's conduct is inevitably incidental to its commission.

Authorities

11.31.120

Notes


References

AS 11.31.120 Conspiracy.
History

(Sec. 1 ch 166 SLA 1978)