Minnesota Jury Instruction - Aiding And Abetting - Agency - 1 8 USC Sect. 2
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FAQ
Conspiracy is related to aiding and abetting, but it's the agreement that distinguishes the two offenses and makes each conspirator a principal offender. In order to convict someone of conspiracy, prosecutors must prove that the person entered into an agreement with at least one more person to commit a crime.
(18 U.S.C. § 2(a)) The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [specify crime charged].
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
However, it is important to understand that aiding and abetting is not a separate charge. If you face charges as an accomplice, you will be charged with the underlying offense. You can face the harshest felony charges if the prosecutor has evidence you were an accomplice of rape, kidnapping, or homicide.
Accomplice liability exists in both federal and state law. In general, aiding refers to differing degrees of support, and abetting involves encouragement. Serving as an accessory usually involves actions taken to protect the perpetrator after the crime is committed.
Penalties A person who is convicted under an aiding and abetting theory faces the same penalties as the principal perpetrator. In a robbery case, like the example above, the aider and abettor will typically face anywhere from three to nine years in state prison, plus an additional 10 years for the gun enhancement.
Elements of Aiding and Abetting A charge of aiding and abetting has three requirements. First, someone else must have committed a crime. Second, the defendant must have assisted that person in the commission of the crime. Third, the defendant must have had knowledge of that person's criminal intent or criminal plans.
