Accomplice Act

In the majority of states and federally, an accomplice must voluntarily act in some manner to assist in the commission of the offense. Some common descriptors of the criminal act element required for accomplice liability are aid, abet, assist, counsel, command, induce, or procure (K.S.A., 2010). Examples of actions that qualify as the accomplice criminal act are helping plan the crime, driving a getaway vehicle after the crime’s commission, and luring a victim to the scene of the crime. The Model Penal Code defines the accomplice criminal act element as “aids…or attempts to aid such other person in planning or committing [the offense]” (Model Penal Code § 2.06(3) (a) (ii)).

In many states, words are enough to constitute the criminal act element required for accomplice liability (N.Y. Penal Law, 2010). On the other hand, mere presence at the scene of the crime, even presence at the scene combined with flight, is not sufficient to convert a bystander into an accomplice (Commonwealth v. Hargrave, 2010). However, if there is a legal duty to act, a defendant who is present at the scene of a crime without preventing its occurrence could be liable as an accomplice in many jurisdictions (People v. Rolon, 2010). As the Model Penal Code provides, “[a] person is an accomplice of another person in the commission of an offense if…having a legal duty to prevent the commission of the offense, fails to make proper effect so to do” (Model Penal Code § 2.06(3)(a)(iii)).

Accomplice Intent

The criminal intent element required for accomplice liability varies, depending on the jurisdiction. In many jurisdictions, the accomplice must act with specific intent or purposely when aiding or assisting the principal (Or. Rev. Stat., 2010). Specific intent or purposely means the accomplice desires the principal to commit the crime. The Model Penal Code follows this approach and requires the accomplice to act “with the purpose of promoting or facilitating the commission of the offense” (Model Penal Code § 2.06(3) (a)). In other jurisdictions, if the crime is serious and the accomplice acts with general intent or knowingly or has awareness that the principal will commit the crime with his or her assistance, intent to further the crime’s commission could be inferred (People v. Lauria, 2010). In a minority of jurisdictions, only general intent or acting knowingly that the crime will be promoted or facilitated is required, regardless of the crime’s seriousness (Washington Rev. Code Ann., 2010).

Prosecution of an Accomplice When the Principal Is Not Prosecuted or Is Acquitted

Although accomplice liability is derivative, in many jurisdictions the trier of fact can determine that a defendant is an accomplice even if the criminal actor or principal is not prosecuted or has been tried and acquitted for the offense (Standefer v. U.S., 2010). Thus a defendant can be liable for a crime even though he or she did not commit it and the defendant who did was spared prosecution or found not guilty. While this situation appears anomalous, if a defendant helps another commit a crime with the intent to further the crime’s commission, punishment for the completed crime is appropriate. As the Model Penal Code states, “[a]n accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense…or has been acquitted” (Model Penal Code § 2.06(7)).