(1) A person shall not be convicted of having intentionally, recklessly or negligently caused an event if, although his or her act and the acts of the person acting jointly with him or her, the event would not have happened but for the existence of some state of facts or the intervention of some other event or of some other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration, and had no reason to take into consideration.
(2) The provisions of subsection (1) shall not apply where a person is charged with having caused an event by an omission to perform a duty to prevent the occurrence of the event.