[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.
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.
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.