Law of parties

The Texas law of parties[1] states that a person can be criminally responsible for the actions of another in certain circumstances, including "[i]f 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."

In Texas capital cases, a person convicted under the law of parties may not be sentenced to death if convicted under the law of parties unless the sentencing jury finds beyond a reasonable doubt that "the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken."[2]

In 2021 and 2023, the Texas House of Representatives voted in favor of bills intended to limit death penalty eligibility under the law of parties, but neither of the bills advanced to the next stage.[3][4]

  1. ^ "Texas Penal Code Section 7.02, Criminal Responsibility for Conduct of Another". 2016. Retrieved August 1, 2016.
  2. ^ "Texas Penal Code Section 37.071, Procedure in Capital Case". 2016. Retrieved August 2, 2016.
  3. ^ "Texas Action". 2021. Retrieved May 5, 2021.
  4. ^ "Texas Legislature". 2023. Retrieved June 5, 2023.