13-301. Definition
In this title, unless the context otherwise requires, "accomplice" means a person, other than a peace officer acting in his official capacity within the scope of his
authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:
- Solicits or commands another person to commit the offense; or
- Aids, counsels, agrees to aid or attempts to aid another person in planning or committing the offense.
- Provides means or opportunity to another person to commit the offense.
13-302. Criminal liability based upon conduct
A person may be guilty of an offense committed by such person's own conduct or by the conduct of another for which such person is criminally accountable as provided in this
chapter, or both. In any prosecution, testimony of an accomplice need not be corroborated.
13-303. Criminal liability based upon conduct of another
- A person is criminally accountable for the conduct of another if:
- The person is made accountable for such conduct by the statute defining the offense; or
- Acting with the culpable mental state sufficient for the commission of the offense, such person causes another person, whether
or not such other person is capable of forming the culpable mental state, to engage in such conduct; or
- The person is an accomplice of such other person in the commission of an offense.
- If causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is
sufficient for the commission of the offense is guilty of that offense if:
- The person solicits or commands another person to engage in the conduct causing such result; or
- The person aids, counsels, agrees to aid or attempts to aid another person in planning or engaging in the conduct causing such result.
13-304. Nondefenses to criminal liability based upon conduct of another
In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under section 13-303 or pursuant to
section 13-1003, it is no defense that:
- The other person has not been prosecuted for or convicted of such offense, or has been acquitted of such offense, or has been convicted of a different offense or degree of
offense or has an immunity to prosecution or conviction for such offense; or
- The accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.
13-305. Criminal liability of enterprises; definitions
- Notwithstanding any other provisions of law, an enterprise commits an offense if:
- The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or
- The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the
enterprise in any manner or by a high managerial agent acting within the scope of employment; or
- The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and
- The offense is a misdemeanor or petty offense; or
- The offense is defined by a statute which imposes criminal liability on an enterprise.
- As used in this section:
- "Agent" means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.
- "High managerial agent" means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.
13-306. Criminal liability of an individual for conduct of an enterprise
A person is criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or in behalf of an enterprise to the same extent as if
such conduct were performed in such person's own name or behalf.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal
laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the
Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
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