Also known as:aiders and abettors · aid and abet · aiding and abetting · aided and abetted · accomplice · accessory
Written by attorneys · grounded in primary & secondary sources — see below
in criminal law
A person who assists or facilitates the commission of a crime with the purpose of promoting or facilitating the offense. The assistance may occur before or during the crime and need not involve physical presence at the scene.
Sources & Authorities· 19 primary sources
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How it applies
Common Examples
6
Planning Advice Before Burglary
Angela Acosta met with Alfred Ashford two days before the planned break-in at a warehouse. She provided the security code and layout details but stayed home on the night of the crime. Angela is liable as an aider and abettor because her pre-crime assistance facilitated the offense without requiring her presence at the scene.
Remote Direction During Hack
Anita Ali supplied login credentials to Amber Alonzo during an in-person meeting. Anita then joined a video call from another city and directed the timing of the upload. Anita qualifies as an aider and abettor through her purposeful aid even though she was physically absent from the control room.
Evidence Destruction After Theft
Alice Atkins learned that police were investigating the warehouse break-in. She immediately shredded shipping manifests and coached the principals on alibis. Alice's knowing assistance after the felony to help the principals avoid prosecution is governed by accessory-after-the-fact principles.
Supplying Tools for Arson
Abigail Alvarez agreed to help set a storage shed on fire and delivered gasoline and matches to the site. She waited nearby but did not light the match herself. Abigail is an aider and abettor because she acted with the purpose of promoting the arson by supplying essential materials.
Accomplice in Fatal Robbery
Alfred Ashford drove the getaway car for a convenience-store robbery knowing a gun would be used. When the clerk was shot during the crime, Alfred shared the required culpability for the resulting death. His complicity in the robbery therefore makes him an aider and abettor of the homicide as well.
Extreme-Indifference Murder Aid
Amber Alonzo scouted the target house and gave timing information for an armed burglary. When a resident suffocated during the break-in, the code presumes extreme indifference. Amber's role as an aider and abettor in the burglary therefore supports murder liability for the death.
Common questions
Frequently Asked
5
What mental state must an aider and abettor possess?+
The aider and abettor must act with the purpose of promoting or facilitating the commission of the offense and must share the criminal intent of the principal. Mere presence or knowledge without purposeful assistance is insufficient.
Can an aider and abettor be convicted if the principal is never prosecuted or convicted?+
Yes. An aider and abettor may be convicted on proof of the commission of the offense and of his own complicity even if the principal has not been prosecuted, has been acquitted, or has been convicted of a different offense.
How does common-law accessory liability differ from modern aider-and-abettor doctrine?+
At common law an accessory before the fact had to be tried after the principal and could not be convicted unless the principal was first found guilty. Modern codes eliminate these procedural barriers and treat accomplices as principals who may be convicted independently.
Supporting sources
Does an aider and abettor need to participate in every element of the offense?+
No. A defendant can be convicted as an aider and abettor without proof that he participated in each and every element of the offense. Assistance rendered by words, acts, encouragement, support, or presence is sufficient even if it relates to only one phase of the crime.
When does aiding a felony also support murder liability for a resulting death?+
When causing a particular result is an element of the offense, an accomplice in the conduct is an accomplice in the commission of that offense if he acts with the required culpability toward the result. Under extreme-indifference provisions, participation in enumerated felonies such as robbery or arson supplies the presumption of recklessness.
Supporting sources
Accessory
uses customarily incident to any of the above uses . . . ." Id. , at 60-61 (emphasis added). Section 16 of the ordinance specifies the uses for which a special use permit is required.…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational