[Adopted 1979 by Ord. No. 63 (Ch. 1.12 of the 1983 Municipal Code)]
[Amended 8-23-2010 by Ord. No. 461]
Every ordinance of the Town which defines or establishes certain conduct, acts or omissions to constitute a misdemeanor offense is amended, and the provisions and definitions of this article shall constitute an addition to each and every one of such ordinances.
The purpose of defining parties to misdemeanors and in establishing the liability of parties to misdemeanors is to provide for the correct and just treatment of all persons who commit misdemeanors within the Town and to ensure and maintain the health, safety and general welfare of the residents of the Town.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given in this section:
ACCESSORY AFTER THE FACT
A person who, after the commission of a misdemeanor, harbors, conceals or assists any person who committed a misdemeanor, with intent that he, she or it shall escape from detection or punishment, notwithstanding the relation by consanguinity or affinity of such accessory after the fact to the person who committed a misdemeanor.
ACCESSORY BEFORE THE FACT
A person who aids or abets in the commission of any misdemeanor, or who counsels, encourages, hires, commands or otherwise procures such misdemeanor to be committed.
ACCOMPLICE
A person who aids or abets in the commission of any misdemeanor, or who counsels, encourages, hires, commands or otherwise procures such misdemeanor to be committed.
COMPOUNDER
A person who receives some property or other consideration in return for an agreement not to report or inform on a perpetrator, accomplice, accessory before the fact, accessory after the fact, principal in the first degree, or principal in the second degree, of a misdemeanor.
PERPETRATOR
The person who performs the misdemeanor act or omission, as defined by any ordinance of the Town, either personally or through an innocent agent.
PERSON
Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity.[1]
PRINCIPAL IN THE FIRST DEGREE
The person who performs the misdemeanor act or omission, as defined by any ordinance of the Town, either personally or through an innocent agent.
PRINCIPAL IN THE SECOND DEGREE
A person who was present at the scene of a misdemeanor and aided and abetted its commission with the intent that the crime be committed. The perpetrator need not know of that assistance as long as it is given with the intention that the misdemeanor be committed, and with an awareness that the conduct of the perpetrator is a misdemeanor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every person being a perpetrator, accomplice, accessory before the fact, accessory after the fact, principal in the first degree, principal in the second degree, or compounder of a misdemeanor shall be considered a party to the misdemeanor. Every party to the misdemeanor may be charged, informed against, tried and convicted of the misdemeanor in the same manner as if he, she or it were the perpetrator of the misdemeanor, and either before or after the perpetrator is convicted; and upon such conviction he, she or it shall suffer the same punishment and penalties as are prescribed by the ordinances of the Town for punishment of the perpetrator of the misdemeanor.