Omission Liability


Section 1.03. Territorial Applicability.

 (1) Except as otherwise provided in this Section, a person may be convicted under the law of this State of an offense committed by his own conduct or the conduct of another for which he is legally accountable if:

  (a) either the conduct which is an element of the offense or the result which is such an element occurs within this State;  or

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  (e) the offense consists of the omission to perform a legal duty imposed by the law of the State with respect to domicile, residence or a relationship to a person, thing or transaction in the State;  . . .

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Section 2.01. Requirement of Voluntary Act;  Omission as Basis of Liability;  Possession as an Act.

 (1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

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 (3) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

  (a) the omission is expressly made sufficient by the law defining the offense;  or

  (b) a duty to perform the omitted act is otherwise imposed by law.

 (4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Section 2.07. Liability of Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf.

 (1) A corporation may be convicted of the commission of an offense if:

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    (b) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law;  . . .

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  (3) An unincorporated association may be convicted of the commission of an offense if:

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    (b) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on associations by law.

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  (6)(a) A person is legally accountable for any conduct he performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.

    (b) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon himself.

Section 5.01. Criminal Attempt.

  (1) Definition of Attempt.  A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:

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    (b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part;  or

    (c) purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

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Section 220.1. Arson and Related Offenses.

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 (3) Failure to Control or Report Dangerous Fire.  A person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give a prompt fire alarm, commits a misdemeanor if:

  (a) he knows that he is under an official, contractual, or other legal duty to prevent or combat the fire;  or

  (b) the fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.

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Section 220.2. Causing or Risking Catastrophe.

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 (3) Failure to Prevent Catastrophe.  A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate a catastrophe commits a misdemeanor if:

  (a) he knows that he is under an official, contractual or other legal duty to take such measures;  or

  (b) he did or assented to the act causing or threatening the catastrophe.

Section 223.3. Theft by Deception.

A person is guilty of theft if he purposely obtains property of another by deception.  A person deceives if he purposely:

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 (3) fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship;  or

 (4) fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

 The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.

Section 223.5. Theft of Property Lost, Mislaid, or Delivered by Mistake.

 A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.

Section 223.8. Theft by Failure to Make Required Disposition of Funds Received.

 A person who purposely obtains property upon agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition.  The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition.  An officer or employee of the government or of a financial institution is presumed:  (i) to know any legal obligation relevant to his criminal liability under this Section, and (ii) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.

Section 230.4. Endangering Welfare of Children.

 A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he knowingly endangers the child's welfare by violating a duty of care, protection or support.

Section 230.5. Persistent Non-Support.

 A person commits a misdemeanor if he persistently fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent.

Section 242.6. Escape.

 (1) Escape.  A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.  "Official detention" means arrest, detention in any facility for custody of persons under charge or conviction of crime or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes;  but "official detention" does not include supervision of probation or parole, or constraint incidental to release on bail.

 (2) Permitting or Facilitating Escape.  A public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape.  Any person who knowingly causes or facilitates an escape commits an offense.

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 (4) Grading of Offenses.  An offense under this Section is a felony of the third degree where:

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  (c) a public servant concerned in detention of persons convicted of crime purposely facilitates or permits an escape from a detention facility.

Otherwise an offense under this section is a misdemeanor.

Section 242.8. Bail Jumping;  Default in Required Appearance.

 A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place.  The offense constitutes a felony of the third degree where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment.  This Section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

Section 250.1. Riot;  Failure to Disperse.

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 (2) Failure of Disorderly Persons to Disperse Upon Official Order.  Where [three] or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse.  A person who refuses or knowingly fails to obey such an order commits a misdemeanor.

Section 250.7. Obstructing Highways and Other Public Passages.

 (1) A person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage, whether alone or with others, commits a violation, or, in case he persists after warning by a law officer, a petty misdemeanor. "Obstructs" means renders impassable without unreasonable inconvenience or hazard.  No person shall be deemed guilty of recklessly obstructing in violation of this Subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.

 (2) A person in a gathering commits a violation if he refuses to obey a reasonable official request or order to move:

  (a) to prevent obstruction of a highway or other public passage;  or

  (b) to maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.

An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.


Section 251.2. Prostitution and Related Offenses.

 (1) Prostitution.  A person is guilty of prostitution, a petty misdemeanor, if he or she:

  (a) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business;  or

  (b) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

"Sexual activity" includes homosexual and other deviate sexual relations.  A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.  An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution.  "Public place" means any place to which the public or any substantial group thereof has access.

 (2) Promoting Prostitution.  A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in Subsection (3).  The following acts shall, without limitation of the foregoing, constitute promoting prostitution:

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  (g) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means;  . . .

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