1.20.040 Exemptions to legal accountability for conduct of another.
A. In a prosecution for an offense or in a civil action, in which legal accountability is based on the conduct of another person:
1. It is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of intent:
a. Terminated the defendant’s complicity before the commission of the offense;
b. Wholly deprived the defendant’s complicity of its effectiveness in the commission of the offense; and
c. Gave timely warning to Borough authorities or, if timely warning could not be given to Borough authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense.
2. It is not a defense that:
a. The other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been convicted of a different offense or degree of offense;
b. The offense, as defined, can be committed only by a particular class of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or
B. Except as otherwise provided by an ordinance defining an offense, a person is not legally accountable for the conduct of another constituting an offense if:
2. The offense is so defined that the person’s conduct is inevitably incidental to its commission. (Ord. 86-071 § 2, 1986. 2004 Code § 1.04.030.)