Behavior of another.

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(1) A person is legally accountable for the behavior of another person if:

  1. He is made accountable for the conduct of that person by the statute defining theoffense or by specific provision of this code; or

  2. He acts with the culpable mental state sufficient for the commission of the offense inquestion and he causes an innocent person to engage in such behavior.

(2) As used in subsection (1) of this section, "innocent person" includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption, or unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose, or any other factor precluding the mental state sufficient for the commission of the offense in question.

Source: L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-702.


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