Also known as: aider and abettor · aid and abet · aiding and abetting · accomplice · accessory before the fact
Written by attorneys · grounded in primary & secondary sources — see below
A category of secondary participants in a criminal offense who aid, abet, or encourage its commission without personally performing the criminal act. Liability attaches when the person acts with the purpose of promoting or facilitating the offense and provides assistance or encouragement to the principal. Conviction is possible even if the principal is not prosecuted or is acquitted.
Andre Antoine agrees with Albert Allen that Allen will enter a warehouse at night to steal electronics while Andre waits in a car two blocks away and serves as lookout. Andre supplies the warehouse floor plan and timing information. When Allen is caught inside, Andre faces liability as an accessory before the fact because he aided and encouraged the theft without remaining present at the scene.
Alice Atkins drives Aisha Ahmed to a convenience store and waits outside with the engine running while Aisha enters and shoplifts several cases of beer. Alice knows the purpose of the trip and has agreed to help Aisha escape. Alice is an accomplice in the theft because she is an accomplice of Aisha in the commission of the offense.
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Abigail Alvarez gives Angela Acosta a set of lock picks and a diagram of a jewelry store after they agree that Angela will break in after hours. Abigail also agrees to receive a share of the proceeds. Abigail becomes an accomplice because she aids Angela in planning and committing the burglary with the purpose of promoting the offense.
Andre Antoine and Albert Allen break into a pharmacy to steal controlled substances. During the burglary Allen accidentally knocks over a display case that strikes and kills a night pharmacist. Andre is an accomplice in the resulting homicide because he acted as an accomplice in the conduct causing the death and possessed the culpability required for the offense.
Alice Atkins agrees to serve as lookout while Aisha Ahmed commits an armed robbery inside a gas station. When a clerk is killed during the robbery, the killing is presumed to have been committed recklessly under circumstances manifesting extreme indifference to human life. Alice therefore faces murder liability as an accomplice in the underlying robbery.
Yes. An accomplice may be convicted on proof of the commission of the offense and of his complicity even if the principal has not been prosecuted or has been acquitted.
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No. Mere presence, even with knowledge that a crime is occurring, is insufficient without proof of affirmative assistance or shared intent to promote the offense.
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When a death occurs during an enumerated felony such as robbery or burglary, the Code presumes the required recklessness and extreme indifference to human life for any participant or accomplice in that felony, elevating the homicide to murder.
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Yes. At common law a woman cannot be convicted of rape as a principal but may still be convicted as an accomplice to the same offense.
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