A person is guilty of an offense committed by another person when:
(1) Acting with the state of mind that is sufficient for commission of the offense, the person causes an innocent or irresponsible person to engage in conduct constituting the offense; or
(2) Intending to promote or facilitate the commission of the offense the person:
a. Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b. Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c. Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or
(3) The person’s conduct is expressly declared by this Criminal Code or another statute to establish the person’s complicity.
Nothing in this section shall apply to any law-enforcement officer or the officer’s agent while acting in the lawful performance of duty.
11 Del. C. 1953, § 271; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.
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