Accomplice Liability

Question 1

Accomplice

Answer 1

An accomplice is a person who

1. With the intent to assist the principal and
2. The intent the principal commit the crime
3. Aids, counsels, or encourages the principal before or during the commission of the crime

Question 2

Accomplice in recklessness or negligence offense

Answer 2

Intent element satisfied where the accomplice

1. Intended to facilitate the commission of the crime and
2. Acted with recklessness it negligence (whichever required by the crime)

Question 3

Scope of accomplice liability

Answer 3

Responsible for the crimes he did or counseled and for any other crimes committed in the course of the contemplated crime to the same extent as the principal, so long as crimes were probable or foreseeable.

Question 4

Exclusions from accomplice liability

Answer 4

Members of protected class

Question 5

Withdrawal

Answer 5

A person who effectively withdraws from crime before it is committed can not be held liable as an accomplice. Must occur before crime becomes unstoppable.

1. Repudiation is sufficient withdrawal for mere encouragement
2. Attempt to neutralize assistance is required if participation went beyond mere encouragement.

New withdrawal from involvement without taking any additional action not sufficient.