Commission of Crime. A person is guilty of an offense if, acting with the culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct prohibited by the definition of the offense. SOURCE: G.P.C. § 31; M.P.C. § 2.06(2); *Cal. § 450 (T.D. 1, 1967); Cal. § 420 (1971); Mass. ch. 263, § 21; N.J. § 2C:2-6(b). CROSS-REFERENCES: § 7.10 - Juveniles; § 7.58 - Intoxication; § 7.61 -Duress; § 7.16 -Mental Illness. COMMENT: This Section is a restatement of existing law. The California Penal Code § 31 expressly lists children under age 14, lunatics, idiots, drunks and those compelled to act under duress as categories of persons whose incapacity would render the actor responsible for the offense, if he uses them to commit the prohibited conduct.
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In contrast, this Section declares a more general principle of law. Note that a person is guilty under this Section if he aids an innocent or non-responsible person as well as causing him to commit the act. An example of such aiding would be the crime of Acontributing to the delinquency of the minor@ found in § 273a of the former Penal Code. That crime of Acontributing would continue over as a crime under § 4.55 since the juvenile law does not make a juvenile a Acriminal@ even if he commits an offense which would be a crime if the juvenile were an adult.