§ 70-2. Existence of accountability.

A person is legally accountable for the conduct of another when:

(1)

Having a mental state described by the ordinance defining the offense, he causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;

(2)

The ordinance defining the offense makes him so accountable; or

(3)

Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he 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.

He is a victim of the offense committed;

b.

The offense is so defined that his conduct was inevitably incident to its commission; or

c.

Before the commission of the offense, he terminates his effort to promote or facilitate such commission, and does one of the following:

1.

Wholly deprives his prior efforts of effectiveness in such commission;

2.

Gives timely warning to the proper law enforcement authorities; or

3.

Otherwise makes proper effort to prevent the commission of the offense.

(Code 1996, § 130.02)