Also known as: participes criminis · accomplice · co-conspirator
Written by attorneys · grounded in primary & secondary sources — see below
A participant in the commission of a criminal offense who aids or encourages its commission and thereby becomes legally accountable for the conduct of the principal actor. The term encompasses both direct assistance with the purpose of promoting the offense and failure to fulfill a legal duty to prevent it when that failure is accompanied by the requisite culpability. Conviction as a particeps criminis requires proof of the underlying offense and the defendant's complicity, even if the principal has not been prosecuted or convicted.
Select any source to read its text and confirm it supports the definition.
Elena, a probation officer, learns through GPS logs that her supervisee Cole is planning an armed robbery but deliberately fails to report the violation or detain him. Cole commits the robbery. Elena's knowing omission while under a court-ordered duty to prevent the offense makes her an accomplice under the governing standard.
Maxwell, a regional director, instructs route supervisor Alec to dump hazardous waste at an unpermitted site and supplies a map and falsification advice. Alec then directs driver Anita to carry out the dumps. Maxwell's purposeful solicitation and aid establish his accountability for the resulting violations.
Walter and Owen enter a hospital storage room to steal diagnostic devices. Walter injects an elderly patient with an unauthorized sedative to clear their path, causing respiratory arrest and death. Because Walter acted with the culpability required for the resulting homicide while both men were engaged in the underlying felony, each is an accomplice in the homicide.
Luis agrees with coworkers to stage an armed robbery of the payroll office. During the robbery a coworker fires a gun that kills a clerk. Luis's participation in the listed felony triggers the statutory presumption of recklessness and extreme indifference, rendering him guilty of murder as an accomplice.
Two defendants plan and carry out a robbery during which one kills a victim. The surviving defendant is charged with capital murder. Because the death occurred while the defendant was an accomplice in the commission of robbery, the statutory aggravating circumstance applies.
A defendant is charged with conspiracy after a co-conspirator's out-of-court statements are offered against him. The court finds by a preponderance that the conspiracy existed and that the defendant participated in it. The statements are admissible against the defendant as those of a particeps criminis.
Yes. An accomplice may be convicted on proof of the commission of the offense and of his complicity, even if the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense.
Supporting sources
No. The fact that the victim of a crime was himself engaged in criminal activity is not a defense. The doctrine of particeps criminis has no place in the criminal law because prosecutions are brought to suppress crime and punish criminals, not to protect the victim.
…1192. Furnishing the means "Whoever furnishes the means for procuring an abortion knowing the purpose intended is guilty as an accomplice. "Art. 1193. Attempt at abortion "If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that…
…created a great risk of death to many persons. "(e) The murder was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary or…
…to obstruct justice. Although not designated in the indictment, the grand jury named the President among others as an unindicted co-conspirator
…conduct. Fourth, respondent's participation in the crimes was neither minor nor the result of duress or domination by an accomplice. Finally, respondent's age (26) could not be considered a factor in mitigation, especially when viewed in light of respondent's planning of the crimes and disposition of the proceeds of the…
…on this phase; but, once satisfied concerning that, could attribute to each one found to be a member any act done by any other co-conspirator
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When causing a particular result is an element of the offense, an accomplice in the conduct causing that result is an accomplice in the homicide if he acts with the required culpability as to the result. Recklessness manifesting extreme indifference is presumed when the actor is an accomplice in certain enumerated felonies such as robbery or burglary.
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Yes. At common law a woman cannot be convicted of rape as a principal, but a court may convict her as an accomplice to rape.
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The prosecution must show that with the purpose of promoting or facilitating the offense the defendant solicited the principal, aided or agreed to aid in planning or committing it, or failed to fulfill a legal duty to prevent the offense.
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