A. During a state of emergency, any person who maliciously destroys or damages any real or personal property or maliciously injures another shall be guilty of a felony.
B. Any person guilty of violating this section shall, upon conviction thereof, be imprisoned for not less than two (2) years, nor more than ten (10) years.
C. Any person sixteen (16) years of age or over who violates the provisions of this section shall be prosecuted as an adult.
D. A person is guilty of an offense under this section committed by another person when:
1. Acting with the state of mind that is sufficient for commission of the offense, he 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 he:
a.solicits, requests, commands, importunes, or otherwise attempts to cause the other person to commit it,
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.
E. In any prosecution for an offense under this section in which the criminal liability of the accused is based upon the conduct of another person pursuant to this section, it is no defense that:
1. The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or of the accused's criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or
2. The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question.
Added by Laws 1968, c. 125, § 7, emerg. eff. April 4, 1968. Amended by Laws 1997, c. 133, § 343, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 236, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 343 from July 1, 1998, to July 1, 1999.
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