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21-5210. Liability for crimes of another. (a) A person is criminally responsible for a crime committed by another if such person, acting with the mental culpability required for the commission thereof, advises, hires, counsels or procures the other to commit the crime or intentionally aids the other in committing the conduct constituting the crime.

(b) A person liable under subsection (a) is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the crime intended.

(c) A person liable under this section may be charged with and convicted of the crime although the person alleged to have directly committed the act constituting the crime:

(1) Lacked criminal or legal capacity;

(2) has not been convicted;

(3) has been acquitted; or

(4) has been convicted of some other degree of the crime or of some other crime based on the same act.

History: L. 2010, ch. 136, ยง 30; July 1, 2011.

Source or Prior Law:

21-3205.

CASE ANNOTATIONS

1. The state is not required to include the words "aiding and abetting" in the charging document in order to pursue a theory of accomplice liability at trial. State v. Dupree, 304 Kan. 377, 383-386, 373 P.3d 811 (2016).


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