Also known as: complicity doctrine · complicity · accomplice liability
Written by attorneys · grounded in primary & secondary sources — see below
A theory of criminal liability by which one person becomes accountable for the substantive offense committed by another when the first person aids, solicits, or otherwise facilitates the offense with the purpose of promoting or facilitating its commission.
Diego Duarte assembled unmarked vials of sedatives and placed them in an unlocked closet at a prearranged time to help Leo sedate a patient and steal a ring. Leo was suspended before arriving and never attempted the theft. Diego's conduct was designed to aid the planned crime and would have established complicity if Leo had proceeded, so Diego faces liability for attempt even though no theft occurred.
Dwight Dorsey agreed to drive the getaway car for a robbery but notified police of the plan and returned the stolen vehicle keys before the offense began. His actions wholly deprived the assistance of effectiveness. Dwight therefore terminated his complicity and avoided liability for the completed robbery.
Select any source to read its text and confirm it supports the definition.
Dominic Drake offered cash and gave detailed instructions to Delilah Duran on how to start a fight with a critic at a festival so security would eject the critic. Dominic acted with the purpose of promoting the assault. His request established solicitation liability even though Delilah never acted on the plan.
Demetrius Douglas supplied hacking credentials and timing guidance to Dylan Duffy before leaving for a conference. Demetrius later joined via video link and directed the upload of stolen footage during a live broadcast. His advance planning and real-time commands made him liable as an accomplice for the unauthorized access even though he was not physically present.
Dover Bank employees provided inside information and trading accounts to Desert Oil executives who then executed trades on nonpublic data. The bank personnel knowingly supplied the means to carry out the scheme. Their assistance established complicity in the securities violations regardless of whether the primary traders faced separate charges.
Dakota Industries guards supplied weapons and vehicles to inmates during an escape that resulted in multiple killings. The guards knew of the violent plans yet continued to assist without intervening. Their major participation and reckless indifference supported complicity liability for the capital murders even though they did not personally fire the shots.
Yes. An accomplice may be convicted on proof of the offense and of complicity even if the principal has not been prosecuted, has been convicted of a different offense, or has been acquitted.
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No. Once the solicitation is complete, subsequent withdrawal or renunciation does not constitute a defense because the offense is finished at the moment the request is made.
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The secondary party must act with the purpose of promoting or facilitating the commission of the offense, not merely with knowledge that assistance might occur.
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Yes. Conduct designed to aid another to commit a crime establishes attempt liability even if the crime is neither committed nor attempted by the other person.
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…on the side of rejecting capital punishment for the crime at issue.[^maj-15] Society's rejection of the death penalty for accomplice liability in felony murders is also indicated by the sentencing decisions that juries have made. As we have previously observed, " [t]he jury . . . is a significant and reliable objective index of…