T.P.I. -- CRIM. 3.01

CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

The defendant(s) [is] [are] criminally responsible as a party to the offense(s) of _____________________________________________________

if the offense(s) [was] [were] committed by the defendant's own conduct, by the conduct of another for which the defendant(s) [is] [are] criminally responsible, or by both. Each party to the offense may be charged with the commission of the offense.¹

[The defendant(s) [is] [are] criminally responsible for an offense committed by the conduct of another if, acting with the culpability required for the offense, the defendant(s) cause(s) or aid(s) an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense.]²

[The defendant(s) [is] [are] criminally responsible for an offense committed by the conduct of another if, acting with the intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the defendant(s) solicit(s), direct(s), aid(s), or attempt(s) to aid another person to commit the offense.]³

[The defendant(s) [is] [are] criminally responsible for an offense committed by the conduct of another if, having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the defendant(s) fail(s) to make a reasonable effort to prevent commission of the offense.]⁴ [A defendant who is criminally responsible for an offense may be found guilty not only of that offense, but also for any other offense or offenses committed by another, if you find beyond a reasonable doubt that the other offense or offenses committed were natural and probable consequences of the original offense for which the defendant is found criminally responsible, and that the elements of the other offense or offenses that accompanied the original offense have been proven beyond a reasonable doubt].^[5] [In deciding the criminal responsibility of the defendant, the jury may also take into consideration any evidence offered that the defendant attempted to thwart or withdraw from any of the offenses that followed from the original offense.]^[6]

Before you find the defendant(s) guilty of being criminally responsible for said offense(s) committed by the conduct of another, you must find that all the essential elements of said offense(s) have been proven by the state beyond a reasonable doubt.

FOOTNOTES

1. Tenn. Code Ann. ' 39-11-401.

2. Tenn. Code Ann. ' 39-11-402(1).

3. Tenn. Code Ann. ' 39-11-402(2).

4. Tenn. Code Ann. ' 39-11-402(3).