It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that

 (1)  Such other person has been acquitted or has not been convicted or has been convicted of some other offense or degree of offense or lacked criminal capacity or was unaware of the defendant’s criminal purpose or is immune from prosecution or is not amenable to justice; or

Terms Used In Missouri Laws 562.046

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020

 (2)  The defendant does not belong to that class of persons who was legally capable of committing the offense in an individual capacity.