§ 46-2. Violation of chapter provisions.

(a)

Penalty. In addition to section 1-11 or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parents of any unemancipated minor child who violates section 46-71 may also be held liable for the costs of replacing or repairing such damaged or destroyed property in accordance with statute. Nothing in this Code shall prevent the police department from referring violations of the provisions of this chapter to the district attorney's office in the interest of justice.

(b)

Attempt to commit prohibited act.

(1)

Whoever attempts to commit an act prohibited by this chapter may be required to forfeit amounts not to exceed one-half the maximum penalty for the completed act.

(2)

An attempt to commit an act prohibited by this chapter requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of the provisions of this chapter and that he does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

(c)

Parties to prohibited acts.

(1)

Whoever is concerned in the commission of an act prohibited by this chapter is a principal and may be charged with and convicted of the commission of such act although he did not directly commit it and although the person who directly committed it has not been convicted of some other act prohibited by this chapter.

(2)

A person is concerned in the commission of an act prohibited by this chapter if he:

a.

Directly commits the act;

b.

Intentionally aids and abets the commission of it; or

c.

Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such party is also concerned in the commission of any other act which is committed in pursuance of the intended violation and which, under the circumstances, is the natural and probable consequence of the intended violation. This subsection does not apply to a person who voluntarily changes his mind and no longer desires that the act be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.

(Code 1994, § 11-1-2)