A.R.S. § 13-304

Nondefenses to criminal liability based upon conduct of another

Applied in 3 court decisions — leading case 166 W. Va. 153 - State v. Petry (1980)

Most recently applied in Com. v. James, J (June 2023)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under section 13-303 or pursuant to section 13-1003, it is no defense that:

1. The other person has not been prosecuted for or convicted of such offense, or has been acquitted of such offense, or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction for such offense; or

2. The accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.