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by srothstein
Mon Mar 12, 2012 10:01 pm
Forum: General Texas CHL Discussion
Topic: Hypothetical Question
Replies: 17
Views: 3720

Re: Hypothetical Question

You have all looked at the wrong section of the law. Penal Code section 7.01 makes it clear that you would not be an accessory under the circumstances described. Well, besides not having accessory as a legal term in Texas, that is. Chapter 7 tells you about your criminal responsibility for the acts of another. It also says that if you are a party to the offense, you are equally guilty of the offense as if you had committed it yourself.

As a general rule, you would be required to take some action towards the crime yourself. The possible exception you are describing is in section 7.02(a)(3) as follows:
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.
Since you have no legal duty to stop most felonies (child abuse being the exception that jumps to mind), you would not be a party to this offense.

As an aside, this is the law that was in the news a few months ago for a death penalty case. The getaway driver was sentenced to death for the murder that occurred when the robber went inside, even though he knew nothing about the details of the robbery or shooting.

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