innocent agent

Criminal law. A person whose action on behalf of a principal is unlawful but does not merit prosecution because the agent had no knowledge of the principal’s illegal purpose; a person who lacks the mens rea for an offense but who is tricked or coerced by the principal into committing a crime.

• Although the agent’s conduct was unlawful, the agent might not be prosecuted if the agent had no knowledge of the principal’s illegal purpose. The principal is legally accountable for the innocent agent’s actions. See Model Penal Code § 2.06(2)(a).


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