Also known as:aid and abet · aiding and abetting · aided and abetted · aids and abets · abet · abetting · accomplice
Written by attorneys · grounded in primary & secondary sources — see below
A form of accomplice liability that holds a person criminally responsible for an offense when that person assists or encourages another with the purpose of promoting or facilitating the offense. The accomplice shares liability for the completed crime even if the principal actor is not prosecuted or convicted. When a result element is involved the accomplice must act with the culpability required for that result.
Sources & Authorities
How it applies
Common Examples
6
Supervisor Directs Illegal Dumping
Maxwell instructed Alec to dump hazardous waste at an unpermitted site and supplied a map and falsification advice. Alec then directed Anita to carry out the dumps. Maxwell is liable as an accomplice because he aided Alec in planning and committing the offense.
Route Supervisor Gives Orders
Alec told newly hired driver Anita to dump waste at the rural site and assured her the location was permitted. Anita performed the dumps believing the instructions were lawful. Alec is liable as an accomplice because he aided Anita in committing the offense.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Model Codes
Common Law
Casebooks
Walter and Owen entered a hospital storage room to steal devices. Walter injected a sedative into patient Odell to clear the path and Odell died from respiratory arrest. Walter is an accomplice in the resulting homicide because he acted with the culpability required for that result.
Driver Accomplice in Robbery Death
Leo agreed to drive passengers to an isolated road so Max could rob them. When passenger Dana tried to escape Max pulled her back and she died from the impact. Leo is liable for murder because the death occurred during the robbery in which he was an accomplice.
Accomplice Liability Without Presence
Maxwell supplied a map and instructions to Alec for dumping waste at an illegal site. Alec carried out the offense while Maxwell remained at his office. Maxwell is liable as an accomplice because he aided the planning and commission of the offense.
Result Element Culpability Required
Walter injected a sedative into patient Odell to allow Owen to steal devices from a hospital room. Odell died from respiratory arrest. Walter is liable for the homicide as an accomplice because he acted with the culpability required for that result.
Common questions
Frequently Asked
5
Does an accomplice need to be present at the crime scene?+
No. A person becomes an accomplice by aiding or agreeing to aid in planning or committing the offense even without physical presence when the crime occurs.
Supporting sources
Can a person be convicted as an accomplice if the principal is never prosecuted?+
Yes. An accomplice may be convicted on proof of the offense and the accomplice's complicity even if the principal has not been prosecuted convicted or has been acquitted.
Supporting sources
What mental state is required for aiding and abetting liability?+
The accomplice must act with the purpose of promoting or facilitating the offense and with the culpability required for any result element of the crime.
Supporting sources
Does accomplice liability apply to felony murder under the Model Penal Code?+
Yes. The Code presumes recklessness and extreme indifference to human life when the actor or an accomplice commits an enumerated felony such as robbery or burglary and a death results.
Supporting sources
Can a person who causes an innocent agent to commit a crime be liable as an accomplice?+
Yes. A person is guilty if acting with the required culpability that person causes an innocent or irresponsible person to engage in the conduct constituting the offense.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…1192. Furnishing the means "Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice. "Art. 1193. Attempt at abortion "If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that…