Also known as: principal in the second degree · principal in second degree · principals in second degree · second-degree principal
Written by attorneys · grounded in primary & secondary sources — see below
A category of participant in a felony at common law consisting of a person who aids, commands, or encourages the principal in the first degree while present at the scene of the crime.
Pavel Petrov removed a sculpture from the museum after closing. Paige Porter, stationed nearby as a guard, deliberately looked away to prevent detection. Her presence at the scene combined with intentional assistance made her a principal in the second degree under common law party classifications.
Luis set fire to a rival's shed at night. Mara waited in a truck at the edge of the property with the engine running to facilitate escape. Her on-scene presence and aid during the arson established her as a principal in the second degree.
Nurse Carla administered a lethal overdose to Patient Lewis. Niece Dana urged the act and stood in the doorway during the injection. Dana's encouragement while physically present at the scene rendered her a principal in the second degree.
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Victor confronted his rival in an alley. Wanda stood nearby and shouted encouragement while Victor struck the victim. Wanda's physical presence combined with active urging made her a principal in the second degree.
A principal in the second degree must be present at the scene and provide aid or encouragement. An accessory before the fact aids or encourages but remains absent when the crime occurs.
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No. The person must also aid, command, or encourage the principal in the first degree. Passive observation alone does not satisfy the definition.
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That person qualifies as an accessory before the fact rather than a principal in the second degree because presence at the scene is required for the latter category.
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At common law the procedural rules historically required conviction of the principal first in some jurisdictions, though the substantive classification of the second-degree principal remains independent of that sequencing.
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…(except in cases of murder for hire, only the immediate perpetrator of the homicide, and not accomplice before the fact or principal in the second degree, may be tried for capital murder). Note that Illinois and Virginia also require an intent to kill. See n. 38, supra. The Court's attempt to downplay the significance of Enmund's role in…