According to New York Penal Law § 20.00, a person may be criminally liable for another person who has committed an offense, if he/she acting with mental culpability and has solicited, commanded, importuned, or intentionally helped that person to engage in such conduct. Within Fraud cases, “agents” (directors, officers or employees) with knowledge of their employer’s offense and still intentionally aid that person, may be liable criminally and/or civilly for that offense.
If the agent is charged with Criminal Liability for Conduct of another, he/she may or may not be subjected to the same degree of conviction of offense. The degree of conviction of offense depends on the person’s own culpable mental state and his/her own accountability for an aggravating fact or circumstance.
What constitutes an exemption to being criminally liable for the conduct of another?
An agent is not criminally liable for conduct of another person constituting an offense when his own conduct is related but constitutes as a separate offense. The agent is then, only liable for that offense only and not for the offense committed by the other person.
If you have been recently charged with Criminal Liability for Conduct of Another in New York, then call our office at (212) 577-6677 to get professional legal assistance.