Section 13. Omission as commission

(1) Whoever fails to prevent a harm which is part of the constitutent elements of a crime may be punished under this Code only if he was under a legal duty to prevent the harm, and if his failure to act was equivalent to an affirmative act for purposes of establishing the statutorily defined constituent elements of the crime.

(2) The punishment may be reduced in accordance with the provisions of § 49(l).


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