HF 448 (LSB 2193HH (2) 85)

HOUSE FILE 448

BY  ANDERSON

A BILL FOR

An Act relating to aiding and abetting the commission of a criminal offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 703.1, Code 2013, is amended to read as follows:
   703.1  Aiding and abetting.
   1.  All
 
Except as provided in subsection 2, all persons concerned in the commission of a public offense, whether they directly commit the act constituting the offense or aid and abet its commission, shall be charged, tried and punished as principals. The guilt of a person who aids and abets the commission of a crime must be determined upon the facts which show the part the person had in it, and does not depend upon the degree of another person’s guilt.

A person’s act that is merely incidental to the commission of an act constituting a public offense is not aiding and abetting under this section.
   2.  A person shall not be criminally liable for the behavior of another that constitutes a public offense if the person is also a victim of that public offense unless specified by statute.
EXPLANATION
   This bill relates to aiding and abetting the commission of a criminal offense.
   The bill specifies that a person does not aid and abet the commission of a criminal offense if the conduct of the person is incidental to the commission of the offense.
   The bill also specifies that a person shall not be criminally liable for the behavior of another that constitutes a criminal offense if the person is also a victim of that offense unless specified by statute defining the public offense.
   Under current law, a person accused of aiding and abetting the commission of a criminal offense shall be charged, tried, and punished in the same manner as others who also committed the offense.