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PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
Sec. 7.01. PARTIES
TO OFFENSES. (a) 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.
(b) Each party to an offense may be charged with commission of the offense.
(c) 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.
Acts 1973, 63rd
Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 7.02. CRIMINAL
RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally
responsible for an offense committed by the conduct of another if:
(1) acting
with the kind of culpability required for the offense, he causes or
aids an innocent or nonresponsible person to engage in conduct
prohibited by the definition of the offense;
(2) acting
with intent to promote or assist the commission of the offense, he
solicits, encourages, directs, aids, or attempts to aid the other person
to commit the offense; or
(3) having
a legal duty to prevent commission of the offense and acting with
intent to promote or assist its commission, he fails to make a
reasonable effort to prevent commission of the offense.
(b) If,
in the attempt to carry out a conspiracy to commit one felony, another
felony is committed by one of the conspirators, all conspirators are
guilty of the felony actually committed, though having no intent to
commit it, if the offense was committed in furtherance of the unlawful
purpose and was one that should have been anticipated as a result of the
carrying out of the conspiracy.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 7.03. DEFENSES
EXCLUDED. In a prosecution in which an actor's criminal
responsibility is based on the conduct of another, the actor may be
convicted on proof of commission of the offense and that he was a party
to its commission, and it is no defense:
(1) that
the actor belongs to a class of persons that by definition of the
offense is legally incapable of committing the offense in an individual
capacity; or
(2) that
the person for whose conduct the actor is criminally responsible has
been acquitted, has not been prosecuted or convicted, has been convicted
of a different offense or of a different type or class of offense, or
is immune from prosecution.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
Sec. 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.
(2) "High managerial agent" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an
agent of a corporation or association who has duties of such
responsibility that his conduct reasonably may be assumed to represent
the policy of the corporation or association.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 7.22. CRIMINAL
RESPONSIBILITY OF CORPORATION OR ASSOCIATION. (a) If conduct
constituting an offense is performed by an agent acting in behalf of a
corporation or association and within the scope of his office or
employment, the corporation or association is criminally responsible for
an offense defined:
(1) in this code where corporations and associations are made subject thereto;
(2) by
law other than this code in which a legislative purpose to impose
criminal responsibility on corporations or associations plainly appears;
or
(3) by
law other than this code for which strict liability is imposed, unless a
legislative purpose not to impose criminal responsibility on
corporations or associations plainly appears.
(b) A
corporation or association is criminally responsible for a felony
offense only if its commission was authorized, requested, commanded,
performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf of the corporation or association; or
(2) a
high managerial agent acting in behalf of the corporation or
association and within the scope of his office or employment.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff. Sept. 1, 1975;
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 7.23. CRIMINAL
RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION OR
ASSOCIATION. (a) An individual is criminally responsible for conduct
that he performs in the name of or in behalf of a corporation or
association to the same extent as if the conduct were performed in his
own name or behalf.
(b) An
agent having primary responsibility for the discharge of a duty to act
imposed by law on a corporation or association is criminally
responsible for omission to discharge the duty to the same extent as if
the duty were imposed by law directly on him.
(c) If
an individual is convicted of conduct constituting an offense
performed in the name of or on behalf of a corporation or association,
he is subject to the sentence authorized by law for an individual
convicted of the offense.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 7.24. DEFENSE
TO CRIMINAL RESPONSIBILITY OF CORPORATION OR ASSOCIATION. It is an
affirmative defense to prosecution of a corporation or association under
Section 7.22(a)(1) or (a)(2) that the high managerial agent having
supervisory responsibility over the subject matter of the offense
employed due diligence to prevent its commission.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff. Sept. 1, 1975;
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
