Also known as: principal in the first degree · principal in the second degree · principals in the first degree · principals in the second degree · first-degree principal · second-degree principal
Written by attorneys · grounded in primary & secondary sources — see below
Two categories of participants in a felony recognized at common law. A principal in the first degree is the person who personally commits the act or omission that constitutes the criminal offense. A principal in the second degree is a person who aids, commands, or encourages the principal in the first degree and who is present at the scene of the crime.
Select any source to read its text and confirm it supports the definition.
Luis personally sets fire to a rival's shed. Mara waits nearby in a truck with the engine running to help him escape. At common law Mara qualifies as a principal in the second degree because she aids the first-degree principal while present at the scene.
Lina personally removes a sculpture from the museum. Malik stands nearby and deliberately looks away to prevent detection. At common law Malik is a principal in the second degree because he aids the first-degree principal while present at the scene.
Carla personally injects a lethal overdose. Dana stands in the doorway and urges Carla to finish the act. At common law Dana is a principal in the second degree because she encourages the first-degree principal while present at the scene.
One defendant enters a store and commits robbery while another waits in the car outside with the engine running. The waiting defendant is present and ready to assist the escape. Under common law the waiting defendant is a principal in the second degree.
Tally sends a message directing that a warning to the intended victim be withheld. The message reaches the scene in time to prevent the warning from being delivered. Under common law Tally's conduct at the scene makes him a principal in the second degree.
A principal in the first degree personally commits the criminal act. A principal in the second degree aids or encourages that act while present at the scene. The distinction turns on who performs the essential elements of the offense versus who assists while physically or constructively present.
Supporting sources
…(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…
…intended to aid the Skeltons, in fact aided them in causing Ross' death. The respondent could only be convicted, if at all, as a principal in the second degree
…particular case to be heard. Footnotes [^maj-1]: Booth's accomplice, Willie Reid, was convicted and sentenced to death as a principal in the first degree
…on the Law of Crimes (7th ed. 1967) elaborated the point: "The common law recognizes no difference in the punishment, between principals in the first and second degree
…a crime were divided into four distinct categories: (1) principals in the first degree
No. Mere presence alone does not suffice. The person must actively aid, command, or encourage the first-degree principal while present at the scene. Passive observation without assistance falls outside the definition.
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Both principals in the first and second degree are treated as equally guilty of the underlying felony. The categories determine who may be convicted directly for the offense rather than for a separate accessory crime. Modern statutes often abolish the distinction for punishment purposes.
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Traditional common law requires actual physical presence at the scene. Electronic participation from a remote location does not meet the presence element even if it allows real-time direction. Such conduct is instead classified as accessory before the fact.
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