H.F. 448 Section 1. Section 703.1, Code 2013, is amended to read as 1 follows: 2 703.1 Aiding and abetting. 3 1. All Except as provided in subsection 2, all persons 4 concerned in the commission of a public offense, whether they 5 directly commit the act constituting the offense or aid and 6 abet its commission, shall be charged, tried and punished as 7 principals. The guilt of a person who aids and abets the 8 commission of a crime must be determined upon the facts which 9 show the part the person had in it, and does not depend upon 10 the degree of another person’s guilt. A person’s act that is 11 merely incidental to the commission of an act constituting a 12 public offense is not aiding and abetting under this section. 13 2. A person shall not be criminally liable for the behavior 14 of another that constitutes a public offense if the person 15 is also a victim of that public offense unless specified by 16 statute. 17 EXPLANATION 18 This bill relates to aiding and abetting the commission of a 19 criminal offense. 20 The bill specifies that a person does not aid and abet the 21 commission of a criminal offense if the conduct of the person 22 is incidental to the commission of the offense. 23 The bill also specifies that a person shall not be criminally 24 liable for the behavior of another that constitutes a criminal 25 offense if the person is also a victim of that offense unless 26 specified by statute defining the public offense. 27 Under current law, a person accused of aiding and abetting 28 the commission of a criminal offense shall be charged, tried, 29 and punished in the same manner as others who also committed 30 the offense. 31 -1- LSB 2193HH (2) 85 jm/rj 1/ 1