Making sure I understand this right:
Jack is dating Jill. Jack is 18, Jill is 15 (assume standard statutory rape law applies and the act is consummated). Before Jack and Jill have sex, Jack's buddy Stan, who thought Jill was 17, gave Jack some condom's and told him to be safe.
Could Stan be found guilty of statutory rape as an accomplice? I'm thinking yes (although it's a load of crap)
MPC says:
2.06(4), when causing a result is an element of a crime, a person is an accomplice if 1) he was an accomplice in conduct that caused the result 2) he acted with the culpability, if any, regarding the result that is sufficient for commission of the offense.
So since the only culpability for statutory rape is the intent to have sex, seems like Stan is guilty, no?
Criminal law hypo (short) Forum
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