§702-223  Liability for conduct of another;
complicity with respect to the result.  When causing a particular result is
an element of an offense, an accomplice in the conduct causing the result is an
accomplice in the commission of that offense, if the accomplice acts, with
respect to that result, with the state of mind that is sufficient for the
commission of the offense. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §702-223



 



  This section is intended to make clear that a defendant
charged, on the basis of the defendant's complicity in the conduct of another,
with causing a particular result will not be allowed to escape accountability
for the result because the defendant solicited or aided, etc., a different or
more limited result if the defendant had the requisite state of mind with
respect to the actual result.



  Thus, for example, one who urges a driver to increase the
speed of an automobile, disregarding known risks to pedestrians, would stand in
the same position as the driver on a charge of reckless homicide and would not
be allowed to defend on the ground that one solicited the violation of the
traffic law and not the homicide law.



 



Case Notes



 



  Instruction on law of principals and accomplices was not
erroneous.  59 H. 625, 586 P.2d 250.



  Accomplice in commission of robbery.  62 H. 25, 608 P.2d 855.