OFFENSES AND PENALTIES
Part I. Offenses
Chapter 1. Provisions of
Section 13.101. Prior offense.
(1) Except as otherwise provided in subsection 2, this title does not apply to an offense committed before the effective date of the Code. For purposes of this section, an offense is committed before the effective date if any of the elements of the offense occurred before that date.
(2) Prosecutions for an offense committed prior to the effective date of the Code are governed by prior law, which is continued in effect for that purpose, as if this Code were not in effect.
Section 13.102. Territorial applicability.
(1) Except as otherwise provided in this section, a person may be convicted under the law of the State for an offense committed by his own conduct or the conduct of another for which he is legally accountable, if:
(a) either the conduct or the result which is an element of the offense occurs within the State;
(b) conduct occurring outside the State is sufficient under the law of the State to constitute an attempt to commit an offense within the State;
(c) conduct occurring outside the State is sufficient under the law of the State to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of the conspiracy occurs within the State;
(d) conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of the State;
(e) the offense consists of the omission, while within or outside the State, to perform a legal duty imposed by the law of the State with respect to domicil e, residence, or a relationship to a person, thing, or transaction in the State; or
(f) the offense is based on a statute of the State which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of the State.
Section 13.103. Classification of offenses.
A felony is an offense punishable by
imprisonment for a period of more than one year. Every other offense is a
Section 13.104. General
principles of responsibility.
(1) Conduct of another
(a) A person is criminally liable for the conduct of another, if:
(1) he intentionally aids, abets, advises, solicits, counsels, or conspires with or otherwise procures the other to commit an offense;
(2) while acting with the state of mind that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in the conduct; or
(3) having a legal duty to prevent the commission of an offense, he fails to make a reasonable effort to do so.
(b) A person liable pursuant to this subsection is also liable for any other offense committed in the furtherance of the intended offense if reasonably foreseeable as a probable consequence of committing or attempting to commit the offense intended;
(c) A person liable pursuant to this subsection may be charged with and convicted of the offense although the person who directly committed it has not been prosecuted or convicted,
or has been convicted, or has been convicted of a different offense or degree of an offense or has been acquitted.
(2) Disease or disorder
(a) A person is not responsible for criminal conduct if, at the time of the conduct as a result of physical or mental disease, disorder, or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.
(b) The terms "physical or mental disease, disorder, or defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense.
(d) When the defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the verdict and the judgment so states.
(e) Evidence that the defendant suffered from a physical or mental disease, disorder, or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense.
(f) No person who, as a result of a physical or mental disease, disorder, or defect, lacks capacity to understand the proceedings against him or to assist in his own defense is tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.
(g) If the Court determines that the defendant lacks fitness to proceed, the proceedings against him are suspended, and the Court commits him for a reasonable period of time, to an appropriate institution for the purpose of restoring fitness to proceed. If the Court is satisfied that the defendant may be released on conditions without danger to himself or to the person or property of another, the Court orders his release, which continues at the discretion of the Court, on conditions as the Court determines necessary.
(h) When the Court, on its own motion, or upon the application of the institution,
prosecuting attorney, or the defendant, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceedings are resumed. If the Court determines that so much time has elapsed due to the defendant. s unfitness of the defendant to proceed that it would be unjust to resume the criminal proceedings, the Court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment or conditional release of persons suffering from physical or mental disease, disorder, or defect, order the defendant to be committed or released on conditions as the Court determines necessary.
(i) A statement of a person made under treatment pursuant to this subsection, or made during an examination for the purpose of assessing criminal responsibility or fitness to proceed is not admissible in evidence against him in a criminal proceeding on any issues other than that of his physical or mental condition, excluding criminal responsibility or fitness to proceed, but it is admissible upon those issues whether or not it would otherwise be deemed a privileged communication, unless the statement constitutes an admission of guilt of the offense charged.
(a) An act committed while In a state of voluntary intoxication is not less criminal by reason thereof, but evidence of intoxication of the defendant is admissible to prove or negate the conduct alleged or the state of mind which is an element of the offense.
(b) Intoxication does not constitute by itself a physical or mental disease, disorder, or defect within the meaning of subsection (2).
(c) When recklessness establishes an element of the offense, if the defendant is voluntarily intoxicated, a resulting unawareness is immaterial.
(d) "Intoxication" is a disturbance of mental or physical capabilities resulting from the introduction of substances into the body.
(a) Children under the age of ten are conclusively presumed to be incapable of committing an offense. Children between the ages of ten and fourteen are also conclusively presumed to be incapable of committing an offense, except the offenses of murder and rape, in which case the presumption is rebuttable. This section does not prevent proceedings pursuant to Chapter 48 of Title 6.
Section 13.105. Principal and accessory.
(1) A principal is a person who commits an offense or aids, abets, counsels, commands, induces, or procures its commission or who causes an act to be done, which, if directly performed by him, would be an offense. No distinction is made between principals in the first and second degrees, and no distinction is made between a principal and an accessory before the fact.
(2) An accessory is a person who, knowing that an offense has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment.
Section 13.106. Time
limitations for beginning prosecutions.
(1) A prosecution for murder may be commenced at any time.
(2) Except as otherwise provided in this Code, prosecution for other offenses are subject to the following time limitations:
(a) A prosecution for a felony must be commenced within three years after it is committed.
(b) A prosecution for a misdemeanor must be commenced within one year after it is committed.
(3) If the time limitation set forth in subsection (2) of this section has expired, a prosecution may nevertheless be commenced for:
(a) Any offense, an element of which is either fraud or a breach of fiduciary obligation, within one year of discovery of the offense by the aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or
(b) Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(4) The time limitation does not run:
(a) During any time when the accused is continuously absent from the complaining jurisdiction or has no reasonably determinable place of abode or work within the jurisdiction; or
(b) During any time when a prosecution against the accused for the same conduct is pending in this jurisdiction.
(5) A prosecution is commenced when an information is filed in Court.