A person is responsible for conduct which is an element of an offense if the conduct is either that of the person personally, or that of another and the person is legally accountable for such conduct as provided in subsection A of this section, or both.
A. When Accountability Exists: A person is legally accountable for the conduct of another when:
1. Having a mental state described by the ordinance defining the offense, the person causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state; or
2. The ordinance defining the offense makes the person so accountable; or
3. Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, the person 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, unless the ordinance defining the offense provides otherwise, if:
a. The person is a victim of the offense committed; or
b. The offense is so defined that their conduct was inevitably incident to its commission; or
c. Before the commission of the offense, the person terminates their effort to promote or facilitate such commission, and does one of the following: wholly deprives their prior efforts of effectiveness in such commission; or gives timely warning to the proper law enforcement authorities; or otherwise makes proper effort to prevent the commission of the offense.
(Ord. 19-1186, 2-18-2019)
B. Separate Conviction Of Person Accountable: A person who is legally accountable for the conduct of another which is an element of an offense may be convicted upon proof that the offense was committed and that he was so accountable, although the other person claimed to have committed the offense has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or is not amenable to justice, or has been acquitted.
(1987 Code § 14-2)