Also known as:socii criminis · accomplice · partner in crime
Written by attorneys · grounded in primary & secondary sources — see below
An associate in crime. An accomplice.
Sources & Authorities
How it applies
Common Examples
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Solicitation Creates Accomplice Liability
Sierra Santos directed Sylvia Santos to underreport hazardous materials on a cargo manifest to speed port clearance. Sylvia completed the falsified document as instructed. Sierra thereby became a socius criminis of Sylvia in the offense.
Purposeful Aid Establishes Complicity
Sophia Singh drafted detailed scripts and optimization tips for Seth Shapiro after he disclosed his plan to siphon funds from user accounts. Sophia supplied the tools knowing their intended criminal use. Sophia therefore acted as a socius criminis in the theft.
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Common Law
Dictionaries
Serena Soto aided Solomon Silver in planning a burglary during which a resident suffered fatal injury. Serena acted with recklessness toward the risk of death. Serena qualified as a socius criminis in the resulting homicide.
Felony Murder Presumption Applies
Starlight Media employees planned a kidnapping to secure ransom. During the offense the victim died of hypothermia. Each participant served as a socius criminis in the underlying felony triggering murder liability.
Accomplice Status as Aggravator
Sapphire Technologies executives directed subordinates to commit armed robbery during which a guard was killed. One executive who supplied the plan and weapons functioned as a socius criminis in the robbery. That status supported an aggravating circumstance for capital sentencing.
Gregg v. Georgia428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859
Accomplice Questioning and Rights
Solstice Ventures staff member assisted a colleague in falsifying records. After arrest the staff member was questioned about the joint scheme. The staff member stood as a socius criminis whose statements required proper warnings before use.
Miranda v. Arizona384 U.S. 436 (1966)
Common questions
Frequently Asked
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Can a socius criminis be convicted even if 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.
Does a woman qualify as a socius criminis to rape at common law?+
Yes. Although a woman cannot be convicted of rape as a principal at common law, she may still be convicted as an accomplice.
What mental state is required for accomplice liability under the Model Penal Code?+
The defendant must act with the purpose of promoting or facilitating the offense while soliciting, aiding, or agreeing to aid the principal.
Does accomplice liability require the underlying crime to be completed?+
No. Purposeful solicitation alone can establish liability as a socius criminis even if the principal never acts on the request.
When does the felony murder presumption apply to a socius criminis?+
The presumption of extreme indifference arises when the defendant is an accomplice in robbery, burglary, kidnapping, or other listed felonies and a death results.
410 U.S. 113 (1973)Constitutional Law
…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…