16-2-1.
A 'crime' is a violation of a statute of this state in which
there is a joint operation of an act or omission to act and
intention or criminal negligence.
16-2-2.
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A person shall not be found guilty of any crime committed by
misfortune or accident where it satisfactorily appears there was
no criminal scheme or undertaking, intention, or criminal
negligence.
16-2-3.
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Every person is presumed to be of sound mind and discretion but
the presumption may be rebutted.
16-2-4.
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The acts of a person of sound mind and discretion are presumed
to be the product of the personīs will but the presumption may
be rebutted.
16-2-5.
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A person of sound mind and discretion is presumed to intend the
natural and probable consequences of his acts but the
presumption may be rebutted.
16-2-6.
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A person will not be presumed to act with criminal intention but
the trier of facts may find such intention upon consideration of
the words, conduct, demeanor, motive, and all other
circumstances connected with the act for which the accused is
prosecuted.
16-2-20.
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(a) Every person concerned in the commission of a crime is a
party thereto and may be charged with and convicted of
commission of the crime.
(b) A person is concerned in the commission of a crime only if
he:
(1) Directly commits the crime;
(2) Intentionally causes some other person to commit the crime
under such circumstances that the other person is not guilty of
any crime either in fact or because of legal incapacity;
(3) Intentionally aids or abets in the commission of the crime;
or
(4) Intentionally advises, encourages, hires, counsels, or
procures another to commit the crime.
16-2-21.
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Any party to a crime who did not directly commit the crime may
be indicted, tried, convicted, and punished for commission of
the crime upon proof that the crime was committed and that he
was a party thereto, although the person claimed to have
directly committed the crime has not been prosecuted or
convicted, has been convicted of a different crime or degree of
crime, or is not amenable to justice or has been acquitted.
16-2-22.
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(a) A corporation may be prosecuted for the act or omission
constituting a crime only if:
(1) The crime is defined by a statute which clearly indicates a
legislative purpose to impose liability on a corporation, and an
agent of the corporation performs the conduct which is an
element of the crime while acting within the scope of his office
or employment and in behalf of the corporation; or
(2) The commission of the crime is authorized, requested,
commanded, performed, or recklessly tolerated by the board of
directors or by a managerial official who is acting within the
scope of his employment in behalf of the corporation.
(b) For the purposes of this Code section, the term:
(1) 'Agent' means any director, officer, servant, employee, or
other person who is authorized to act in behalf of the
corporation.
(2) 'Managerial official' means an officer of the corporation or
any other agent who has a position of comparable authority for
the formulation of corporate policy or the supervision of
subordinate employees.
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