Under KRS 502.030, which statement about liability for conduct of another is true?

Under KRS 502.030, which statement about liability for conduct of another is true?

• A. It is not a defense that the other person has not been prosecuted, was charged with a different offense, was acquitted, was immune from prosecution, or that the defendant could not be charged if they were the actual actor.
• B. The defense is valid if the other person has not been prosecuted.
• C. The defense is valid if the other person was acquitted.
• D. The defense is valid if the defendant could not be charged as the actual actor.

Answer: (C)

The main idea is that liability for the conduct of another hinges on whether the actual offender committed the crime. Kentucky’s statute provides a defense when the person who allegedly committed the offense has been acquitted. If the true actor is found not guilty, there isn’t a proven underlying offense for the defendant to have aided, abetted, or caused, so holding the defendant liable would be unjust and inconsistent with the proof produced at trial. In that situation, the defendant cannot be punished for acting in concert with someone who was not proven to have committed the crime. Other situations like the other person not being prosecuted, being charged with a different offense, receiving immunity, or the defendant not being chargeable if they were the actual actor are not treated as defenses under this rule.

The main idea is that liability for the conduct of another hinges on whether the actual offender committed the crime. Kentucky’s statute provides a defense when the person who allegedly committed the offense has been acquitted. If the true actor is found not guilty, there isn’t a proven underlying offense for the defendant to have aided, abetted, or caused, so holding the defendant liable would be unjust and inconsistent with the proof produced at trial. In that situation, the defendant cannot be punished for acting in concert with someone who was not proven to have committed the crime.

Other situations like the other person not being prosecuted, being charged with a different offense, receiving immunity, or the defendant not being chargeable if they were the actual actor are not treated as defenses under this rule.