Full question:
Under the law of parties in Texas - if a person drives someone to a drug deal and does not know what is to take place until it starts happening in front of them are they guilty of delivery of controlled substance or do they have to know what is going on from the beginning? And are they then obligated to stop said transaction or get away from the transaction?
- Category: Criminal
- Date:
- State: Texas
Answer:
In Texas, a person can be held criminally responsible for an offense committed by another if they acted with the required intent or failed to prevent the offense when they had a legal duty to do so. Specifically, under Texas Penal Code § 7.02, a person is criminally responsible if they:
- Act with the necessary culpability and cause or aid someone else to commit the offense.
- Act with intent to promote or assist the offense by soliciting, encouraging, directing, or aiding the other person.
- Have a legal duty to prevent the offense and fail to make a reasonable effort to do so.
Therefore, if the driver did not know about the drug deal until it began, they may not be guilty of delivery unless they took actions that promoted or assisted the transaction. Additionally, they are not legally obligated to stop the transaction unless they have a duty to do so and intentionally fail to act. It is important to note that being unaware of the drug deal at the start may not absolve them of responsibility if they later assist or do not attempt to prevent the crime.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.