MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 2.03. Causal Relationship Between Conduct and Result;  Divergence Between Result Designed or Contemplated and Actual Result or Between Probable and Actual Result.

 (1) Conduct is the cause of a result when:

  (a) it is an antecedent but for which the result in question would not have occurred;  and

  (b) the relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense.

 (2) When purposely or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:

  (a) the actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused;  or

  (b) the actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a [just] bearing on the actor's liability or on the gravity of his offense.

 (3) When recklessly or negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of negligence, of which he should be aware unless:

  (a) the actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused;  or

  (b) the actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a [just] bearing on the actor's liability or on the gravity of his offense.

 (4) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.