MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 2.06. Liability for Conduct of Another;  Complicity.

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  (5) A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

  (6) Unless otherwise provided by the Code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

    (a) he is a victim of that offense;  or

    (b) the offense is so defined that his conduct is inevitably incident to its commission;  . . .

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