aids, abets, counsels, commands, induces, or procures
/aydz uh-BETS KOWN-suhlz kuh-MANDZ in-DOOSS-iz or pro-KYOORZ/·phrase
Also known as:aid, abet, counsel, command, induce, or procure · aiding and abetting · aided and abetted · complicity · principal liability
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that establishes accomplice liability for the criminal acts of another. A person who engages in such conduct with the purpose of promoting or facilitating an offense is punishable as a principal even if the principal actor is never prosecuted or convicted.
Sources & Authorities
How it applies
Common Examples
6
Attempt Liability Through Aiding
Ava Adebayo collected lock-picking tools and scouted a warehouse at Arthur Abrams's request so that Arthur could steal electronics. Arthur never entered the building. Ava is guilty as an accomplice because her conduct aided Arthur in the planned theft.
Withdrawal From Complicity
Amelia Amari supplied Anthony Arnold with a map to an illegal dump site and later learned he planned to use it that night. Amelia retrieved the map, warned the authorities, and prevented the dumping. Her timely actions wholly deprived her earlier assistance of effectiveness.
Solicitation By Request
Austin Abbott asked Angela Acosta to hack a competitor's server and forward customer data. Angela never acted on the request. Austin is guilty as an accomplice because he requested specific conduct that would constitute computer fraud with the purpose of facilitating the crime.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Model Codes
Casebooks
Conspiracy And Substantive Offense
Alpine Mining employees agreed to falsify safety reports. One employee submitted the false reports while others performed unrelated tasks. All participants are liable for the false filings because each conspirator aided the substantive offenses committed in furtherance of the conspiracy.
Pinkerton v. United States328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489
No Aiding And Abetting In Alien Tort Claims
Ashford Manufacturing supplied equipment to a foreign government knowing it might be used in human rights violations abroad. Victims sued under the Alien Tort Statute. The company faces no private liability because the statute does not extend to aiding and abetting claims for extraterritorial conduct.
Kiobel v. Royal Dutch Petroleum Co.133 S. Ct. 1659, 1669 (2013)
Wharton Rule In Conspiracy
Apex Dynamics and Azure Solutions agreed that one firm would submit a sham bid so the other could win a contract. Prosecutors charged both with conspiracy to defraud. The agreement itself cannot support a separate conspiracy conviction because the substantive offense requires participation by two parties.
Iannelli v. United States420 U.S. 770, 95 S.Ct. 1284, 43 L.Ed.2d 616
Common questions
Frequently Asked
3
Can an accomplice be convicted when the principal is never prosecuted?+
Yes. An accomplice may be convicted on proof of the offense and the defendant's complicity even if the principal has not been prosecuted or convicted.
Supporting sources
Does purposeful aid without a prior agreement create accomplice liability?+
Yes. Purposeful aid such as supplying a contact or instructions that furthers the crime is enough to create accomplice liability even without any earlier plan.
Supporting sources
What mental state is required for accomplice liability under the Model Penal Code?+
The actor must act with the purpose of promoting or facilitating the commission of the offense while aiding, soliciting, or agreeing to aid another in planning or committing it.
Supporting sources
539 U.S. 558 (2003)Constitutional Law
…Griswold the Court invalidated a state law prohibiting the use of drugs or devices of contraception and counseling or aiding and abetting the use of contraceptives. The Court described the protected interest as a right to privacy and placed emphasis on the marriage relation and the protected space of the marital bedroom.…