Article II. Liability Principles
26.05.130 Conduct and result.
(1) Conduct is the cause of a result if:
(a) Without the conduct the result would not have occurred; and
(b) Any additional causal requirements imposed by the specific code provision are satisfied.
(2) If knowingly or purposely causing a result is an element of an offense and the result is not within the contemplation or purpose of the offender, either element can nevertheless be established if:
(a) The final result differs from the contemplated result only in the respect that a different person or different property is affected or that the injury or harm caused is less than originally contemplated; or
(b) The result involves the same kind of harm or injury as contemplated but the precise harm or injury is different or occurred in a different way, unless the actual result is too remote or accidental to have a bearing on the offender’s liability or on the gravity of the offense.
(3) If negligently causing a particular result is an element of an offense and the offender is not aware or should not have been aware of the probable result, negligence can nevertheless be established if:
(a) The actual result differs from the probable result only in the respect that a different person or different property is affected or that the actual injury or harm is less; or
(b) The actual result involves the same kind of injury or harm as the probable result, unless the actual result is too remote or accidental to have a bearing on the offender’s liability or the gravity of the offense.