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The Law of Parties

In Texas, you can be found guilty of a crime in 3 different ways.

 

  1. You can be the perpetrator who actually commits the act.

  2. You can be found guilty under the Law of Parties if you solicit, encourage, direct, aid, or attempt to aid another person who commits the act; which is statute 7.02 A (Meaning you purposely had some kind of role in the situation)...OR

  3. The 3rd way you can be found guilty is under the Law of Parties statute 7.02 B which states that: If in the attempt to carry out a conspiracy to commit one felony, (such as robbery) and another felony is committed by one of the conspirators, (such as murder) then ALL of the conspirators  are found guilty of the felony actually committed, though having NO INTENT to commit it, if the offense was in furtherance of the unlawful purpose and was one that SHOULD HAVE BEEN ANTICIPATED as a result of carrying out of the conspiracy.  (Meaning you have to be a mindreader.)

 

Here is the ACTUAL VERBIAGE of Texas Law:

 

PENAL CODE

 

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

 

CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

 

SUBCHAPTER A. COMPLICITY

 

Sec. 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.



 

Sec. 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.

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(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. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony.


 

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 735 (H.B. 2961), Sec. 1, eff. September 1, 2023.

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