• 2005 - Accomplice
  • K-2.20
    • Accomplices And Accessories
    • Acquittal
    • Criminal Conspiracy
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations

  • A person may be convicted of an offense based upon the conduct of another when:

     

    1) acting with the kind of culpability required for the offense, a person causes another to engage in that conduct;

     

    2) with intent that an offense be committed, a person commands, induces, procures, or aids another to commit it, or, having a statutory duty to prevent its commission, a person fails to make proper effort to do so; or

     

    3) a person is a co-conspirator whose association with the offense meets the requirements of either of the foregoing provisions.

     

    [A person is not liable as an accomplice for the conduct of another if the statute defining the offense or related provisions either expressly or implicitly makes the person not accountable because the person is a victim of the offense or otherwise.] [In a prosecution in which the liability of the Defendant is based upon the conduct of another, it is no defense that:

     

    1) the Defendant does not belong to the class of persons who, because of their official status or other capacity or characteristic, are by definition of the offense the only persons capable of directly committing it; or

     

    2) the person for whose conduct the Defendant is being held liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, is immune from prosecution, or is otherwise not subject to justice.]

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    • 12.1-03-01
    • Dimond v. Kling, 221 NW2d 86 (ND 1974)
    • In re Interest of JCS, 1997 ND 126, 565 NW2d 759
    • Kirchoffner v. Quam, 264 NW2d 203 (ND 1978)
    • McCullagh v. Fortune, 38 NW2d 771 (ND 1949)
    • Moe v. Kettwig, 68 NW2d 853 (ND 1955)
    • Rau v. Kirschehlman, 208 NW2d 1 (ND 1973)
    • Sheets v. Pendergrast, 106 NW2d 1 (ND 1960)
    • State v. Baumgartner, 2001 ND 202, 637 NW2d 14
    • State v. Deery, 489 NW2d 887 (ND Ct App 1992)
    • State v. Kelly, 450 NW2d 729 (ND 1990)
  • Notes: This instruction should follow the definition of the crime charged if the guilt of the Defendant is based on specified conduct as an accomplice. The specific incriminating conduct must be enumerated with the other essential elements of the offense.