01/03/2025
Penal Code: General Principles of Criminal Responsibility
Chapter 7: Criminal Responsibility for Conduct of Another
Subchapter A: Complicity
Sec. 7.01. Parties to Offenses (a) A person is criminally responsible as a party to an offense if the offense is committed by their own conduct, by the conduct of another for which they are criminally responsible, or by both. (b) Each party to an offense may be charged with the commission of the offense. (c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that they acted as a principal or accomplice.
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:
Acting with the kind of culpability required for the offense, they cause or aid an innocent or non-responsible person to engage in conduct prohibited by the definition of the offense.
Acting with intent to promote or assist the commission of the offense, they solicit, encourage, direct, aid, or attempt to aid the other person to commit the offense; or
Having a legal duty to prevent the commission of the offense and acting with intent to promote or assist its commission, they fail to make a reasonable effort to prevent the commission of the offense. (b) If, in attempting to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of carrying out the conspiracy. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony.
Sec. 7.03. Defenses Excluded In a prosecution where an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of the commission of the offense and that they were a party to its commission. It is no defense:
That the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or
That the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
Subchapter B: Corporations, Associations, Limited Liability Companies, and Other Business Entities
Sec. 7.21. Definitions
"Agent" means a director, officer, employee, or other person authorized to act on behalf of a corporation, an association, a limited liability company, or another business entity.
"Business entity" means an entity or organization governed by the Business Organizations Code, other than a corporation, association, or limited liability company.
"High managerial agent" means: (A) A partner in a partnership; (B) An officer of a corporation, association, limited liability company, or another business entity; (C) An agent of a corporation, association, limited liability company, or another business entity who has duties of such responsibility that the agent's conduct reasonably may be assumed to represent the policy of the corporation, association, limited liability company, or other business entity.
Sec. 7.22. Criminal Responsibility of Corporation, Association, Limited Liability Company, or Other Business Entity (a) If conduct constituting an offense is performed by an agent acting on behalf of a corporation, association, limited liability company, or another business entity and within the scope of the agent's office or employment, the corporation, association, limited liability company, or other business entity is criminally responsible for an offense defined:
In this code where corporations, associations, limited liability companies, and other business entities are made subject thereto;
By law other than this code in which a legislative purpose to impose criminal responsibility on corporations, associations, limited liability companies, and other business entities plainly appears; or
By law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations, associations, limited liability companies, or other business entities plainly appears. (b) A corporation, association, limited liability company, or another business entity is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:
A majority of the governing body acting on behalf of the corporation, association, limited liability company, or other business entity; or
A high managerial agent acting on behalf of the corporation, association, limited liability company, or other business entity and within the scope of the agent's office or employment.
Sec. 7.23. Criminal Responsibility of Person for Conduct on Behalf of Corporation, Association, Limited Liability Company, or Other Business Entity (a) An individual is criminally responsible for conduct they perform in the name of or on behalf of a corporation, association, limited liability company, or another business entity to the same extent as if the conduct were performed in the individual's own name or on their behalf. (b) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, association, limited liability company, or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent. (c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, association, limited liability company, or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense.
Sec. 7.24. Defense to Criminal Responsibility of Corporation, Association, Limited Liability Company, or Other Business Entity It is an affirmative defense to the prosecution of a corporation, association, limited liability company, or another business entity under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission
