Montana Code Annotated 1997

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     45-2-302. When accountability exists. A person is legally accountable for the conduct of another when:
     (1) having a mental state described by the statute defining the offense, he causes another to perform the conduct, regardless of the legal capacity or mental state of the other person;
     (2) the statute defining the offense makes him so accountable; or
     (3) either before or during the commission of an offense with the purpose to promote or facilitate such commission, he solicits, aids, abets, agrees, or attempts to aid such other person in the planning or commission of the offense. However, a person is not so accountable if:
     (a) he is a victim of the offense committed, unless the statute defining the offense provides otherwise; or
     (b) before the commission of the offense, he terminates his effort to promote or facilitate such commission and does one of the following:
     (i) wholly deprives his prior efforts of effectiveness in such commission;
     (ii) gives timely warning to the proper law enforcement authorities; or
     (iii) otherwise makes proper effort to prevent the commission of the offense.

     History: En. 94-2-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-2-107.

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