PENAL CODE
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
SUBCHAPTER A. COMPLICITY
§ 7.01. PARTIES TO OFFENSES. (a) A person is
criminally responsible as a party to an offense if the offense is
committed by his own conduct, by the conduct of another for which he
is criminally responsible, or by both.
(b) Each party to an offense may be charged with 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 he acted
as a principal or accomplice.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER. (a) A person is criminally responsible for an offense
committed by the conduct of another if:
(1) acting with the kind of culpability required for
the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the
offense and acting with intent to promote or assist its commission,
he fails to make a reasonable effort to prevent commission of the
offense.
(b) If, in the attempt 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 the carrying out of the conspiracy.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 7.03. DEFENSES EXCLUDED. In a prosecution in which an
actor's criminal responsibility is based on the conduct of another,
the actor may be convicted on proof of commission of the offense and
that he was a party to its commission, and it is no defense:
(1) 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
(2) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
§ 7.21. DEFINITIONS. In this subchapter:
(1) "Agent" means a director, officer, employee, or
other person authorized to act in behalf of a corporation or
association.
(2) "High managerial agent" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who
has duties of such responsibility that his conduct reasonably may
be assumed to represent the policy of the corporation or
association.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR
ASSOCIATION. (a) If conduct constituting an offense is performed
by an agent acting in behalf of a corporation or association and
within the scope of his office or employment, the corporation or
association is criminally responsible for an offense defined:
(1) in this code where corporations and associations
are made subject thereto;
(2) by law other than this code in which a legislative
purpose to impose criminal responsibility on corporations or
associations plainly appears; or
(3) by law other than this code for which strict
liability is imposed, unless a legislative purpose not to impose
criminal responsibility on corporations or associations plainly
appears.
(b) A corporation or association is criminally responsible
for a felony offense only if its commission was authorized,
requested, commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf
of the corporation or association; or
(2) a high managerial agent acting in behalf of the
corporation or association and within the scope of his office or
employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 4, eff. Sept.
1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN
BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is
criminally responsible for conduct that he performs in the name of
or in behalf of a corporation or association to the same extent as
if the conduct were performed in his own name or behalf.
(b) An agent having primary responsibility for the
discharge of a duty to act imposed by law on a corporation or
association is criminally responsible for omission to discharge the
duty to the same extent as if the duty were imposed by law directly
on him.
(c) If an individual is convicted of conduct constituting an
offense performed in the name of or on behalf of a corporation or
association, he is subject to the sentence authorized by law for an
individual convicted of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF
CORPORATION OR ASSOCIATION. It is an affirmative defense to
prosecution of a corporation or association 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 5, eff. Sept.
1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
