If you drive someone to a drug deal without knowing what is happening are you guilty?

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: 04/07/2025
• State: Texas

Answer:

Please see the information at the following link:

http://definitions.uslegal.com/a/accessory/

The following are TX statutes:

nsible as a party to an offense if the offense is committed by
his own conduct, by the conduct of another for which he is
criminally responsible, or by both.

(b) Each party to an offense may be charged with commission
of the offense.

(c) All traditional distinctions between accomplices and
principals are abolished by this section, and each party to an
offense may be charged and convicted without alleging that he acted
as a principal or accomplice.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER.

(a) A person is criminally responsible for an offense
committed by the conduct of another if:

(1) acting with the kind of culpability required for
the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;

(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense; or

(3) having a legal duty to prevent commission of the
offense and acting with intent to promote or assist its commission,
he fails to make a reasonable effort to prevent commission of the
offense.

(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was committed
in furtherance of the unlawful purpose and was one that should have
been anticipated as a result of the carrying out of the conspiracy.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 7.03. DEFENSES EXCLUDED. In a prosecution in which an
actor's criminal responsibility is based on the conduct of another,
the actor may be convicted on proof of commission of the offense and
that he was a party to its commission, and it is no defense:

(1) that the actor belongs to a class of persons that
by definition of the offense is legally incapable of committing the
offense in an individual capacity; or

(2) that the person for whose conduct the actor is
criminally responsible has been acquitted, has not been prosecuted
or convicted, has been convicted of a different offense or of a
different type or class of offense, or is immune from prosecution.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.