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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 16. Parties to Crime
- Section 120. Exemptions to Legal Accountability For Conduct of Another.
previous: Section 110
. Legal Accountability Based Upon the Conduct of Another.
next: Section 130
. Legal Accountability of Organizations.
AS 11.16.120. Exemptions to Legal Accountability For Conduct of Another.
- (a) In a prosecution for an offense in which legal accountability is based on the conduct of another person,
- (1) it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation
of criminal intent,
- (A) terminated the defendant's complicity before the commission of the offense;
- (B) wholly deprived the defendant's complicity of its effectiveness in the commission of the offense; and
- (C) gave timely warning to law enforcement authorities or, if timely warning could not be given to law enforcement
authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense;
- (2) it is not a defense that
- (A) the other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been
convicted of a different offense or degree of offense;
- (B) the offense, as defined, can be committed only by a particular class of persons to which the defendant does not
belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or
- (C) the other person is not guilty of the offense.
- (b) Except as otherwise provided by a provision of law defining an offense, a person is not legally accountable for the
conduct of another constituting an offense if
- (1) the person is the victim of the offense; or
- (2) the offense is so defined that the person's conduct is inevitably incidental to its commission.
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