Also known as: aider and abettor · aiders or abettors · aiders and abettors · aider · abettor · accomplice · accessory
Written by attorneys · grounded in primary & secondary sources — see below
A person who assists or encourages another in the commission of a crime. The assistance may consist of providing instructions, materials, or other aid before the offense occurs, or participating in planning or execution with the purpose of promoting the crime.
Arthur Abrams met with his associate in a coffee shop and supplied detailed instructions and access codes for bypassing a security system at a warehouse. Abrams then left town for a conference. The associate used the information to complete the burglary while Abrams remained hundreds of miles away. Abrams faces liability as an aider or abettor because his pre-crime assistance satisfies the requirements for that category.
Alfred Ashford agreed with a colleague to hack a corporate server and supplied login credentials in advance. During the live operation Ashford remained on a video call from another city, watching the screen and issuing real-time commands that enabled the colleague to complete the unauthorized access. Ashford qualifies as an aider or abettor under the Model Penal Code because his purposeful facilitation made him an accomplice in the offense.
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Alexis Archer learned that her roommate had just completed a felony theft. Archer immediately returned to the apartment, wiped computer logs, and coached the roommate on fabricating an alibi for investigators. Because Archer acted after the felony was complete, she is an accessory after the fact rather than an aider or abettor.
Angela Acosta met with a coworker and agreed to help stage a false inventory shortage at their warehouse. Acosta supplied the coworker with falsified shipping documents and a schedule of guard rotations. The coworker carried out the theft using those materials. Acosta is an aider or abettor because she acted with the purpose of promoting the offense by aiding in its planning and commission.
Ava Adebayo agreed with a partner to commit a nighttime burglary of a data center. While the pair was inside removing equipment, the partner startled a guard and the partner’s gun discharged, killing the guard. Because Adebayo was an accomplice in the burglary, the Model Penal Code presumes the required recklessness and extreme indifference, making Adebayo liable for the resulting homicide.
Alice Atkins drove the getaway car for a planned armed robbery of late-night passengers. During one stop the passenger attempted to flee and was fatally injured by Atkins’s accomplice. Because Atkins was an accomplice in the robbery, the Model Penal Code treats the reckless killing as murder under the statutory presumption of extreme indifference to human life.
An aider or abettor who is absent from the scene is classified as an accessory before the fact. A principal in the second degree must be present at the scene while providing aid or encouragement. The distinction affects procedural rules such as the former requirement that an accessory could not be tried until after the principal’s conviction.
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Yes. Under the Model Penal Code an accomplice may be convicted on proof of the offense and the accomplice’s own complicity even if the principal has not been prosecuted, has been acquitted, or has been convicted of a different offense.
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Under Model Penal Code section 210.2(1)(b) recklessness and extreme indifference to human life are presumed when the actor or an accomplice commits or attempts robbery, burglary, or other enumerated felonies and a death results during the commission or flight.
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The accomplice must act with the purpose of promoting or facilitating the commission of the offense, or with the culpability required for the result element when a particular result is part of the offense definition.
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…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…