The Statutory Standard: The Law of Parties

Consider how the Pennsylvania and Texas statutes have modified the common law of parties:

18 Pennsylvania Consolidated Statutes Section 306. Liability for Conduct of Another; Complicity

              . . .

(1)         General rule—A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

(2)         Conduct of another—A person is legally accountable for the conduct of another person when:

              . . .

(a)         he is an accomplice of such other person in the commission of the offense.

(b)         Accomplice defined—A person is an accomplice of another person in the commission of an offense if:

(3)         with the intent of promoting or facilitating the commission of the offense, he. . . . aids or agrees to attempt to aid such other person in planning or committing it.

              . . .

(4)         Prosecution of accomplice only—An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

Texas Penal Code Section 7.01. Parties to Offenses

(1)         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.

(2)         Each party to an offense may be charged with commission of the offense.

(3)         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.

 

The Statutory Standard: Accessory Liability and Intent

New York punishes knowingly assisting a crime as criminal facilitation and treats this as a less serious offense than the crime that the defendant facilitated. A separate statute addresses accomplice liability. Note the differing intent standards.

New York Section 115.00. Criminal Facilitation in the Fourth Degree

A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he or she is rendering aid

(1)         to a person who intends to commit a crime, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony. . . .

. . .

Criminal facilitation in the fourth degree is a Class A misdemeanor.

New York Section 20.00. Criminal Liability for Conduct of Another

When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in criminal conduct.

 

The Statutory Standard: Accessory after the Fact

Compare the common law standard for accessory after the fact with the California Penal Code:

California Penal Code Sections 30–32.

Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.

Consider the Florida statute and the limitation on the liability of family members:

Florida Statutes Section 777.03(1).

Any person not standing in the relation of husband or wife, parent or grandparent, child or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a felony or been accessory thereto before the fact, with intent that the offender avoids or escapes detection, arrest, trial or punishment, is an accessory after the fact.

 

The Statutory Standard: Corporate Liability

Consider these selected portions of the Texas statute on corporate liability.

Texas Code Annotated Section 7.22.

(1)  If conduct constituting an offense is performed by an agent acting in behalf of a corporation . . . and within the scope of his office or employment, the corporation . . . is criminally responsible for the offense defined. . . .

(a)      in this code where corporations and associations are made subject thereto;

(b)     by law . . . in which a legislative purpose to impose criminal responsibility on corporations . . . plainly appears . . .

(c)      by law . . . for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations plainly appears.

(2) A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed or recklessly tolerated by . . . a majority of the governing board . . . a high managerial agent acting in behalf of the corporation . . . and within the scope of his office or employment. . . .

Texas Code Annotated Section 7.24.

It is an affirmative defense to prosecution of a corporation or association . . . that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.