Page:1973 North Dakota Session Laws.pdf/222

222 Unless otherwise expressly provided, a mistaken belief that the facts which constitute an affirmative defense exist is not a defense.

12.1-02-04. IGNORANCE OR MISTAKE NEGATING CULPABILITY.) A person does not commit an offense if, when he engages in conduct, he is ignorant or mistaken about a matter of fact or law and the ignorance or mistake negates the kind of culpability required for commission of the offense.

12.1-02-05. CAUSAL RELATIONSHIP BETWEEN CONDUCT AND RESULT.) Causation may be found where the result would not have occurred but for the conduct of the accused operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the accused clearly insufficient.

SECTION 3.) Chapter 12.1--03 of the North Dakota Century Code is hereby created and enacted to read as follows:

12.1-03-01, ACCOMPLICES.) 1. A person may be convicted of an offense based upon the conduct of another person when:

a. Acting with the kind of culpability required for the offense, he causes the other to engage in such conduct;

b. With intent that an offense be committed, he commands, induces, procures, or aids the other to commit it, or, having a legal duty to prevent its commission, he fails to make proper effort to do so; or

c. He is a co-conspirator and his association with the offense meets the requirements of either of the other paragraphs of this subsection.

A person is not liable under this subsection for the conduct of another person when he is either expressly or by implication made not accountable for such conduct by the statute defining the offense or related provisions because he is a victim of the offense or otherwise.

2. Unless otherwise provided, in a prosecution in which the liability of the defendant is based upon the conduct of another person, it is no defense that:

a. The defendant does not belong to the class of persons who, because of their official status or other capacity or characteristic, are by definition of the offense the only persons capable of directly committing it; or

b. The person for whose conduct the defendant is being held liable has been acquitted, has not been prosecuted or convicted or has been convicted of a different offense, or is immune from prosecution, or is otherwise not subject to justice.

12.1-03-02 CORPORATE CRIMINAL RESPONSIBILITY.) 1. A corporation may be convicted of: