Third-Party Liability

Question 1

Accomplice - liability

Answer 1

the intent to aid the principal (Actor/defendant)
- intent that the crime be committed
- actually aids, counsels, or encourages the principal before or during the commission of the crime but mere presence at the scene of the crime is insufficient.

Question 2

Accomplice- withdrawal defense

Answer 2

Generally, notifying the authorities before the crime occurs is sufficient.
- If encouraged: must repudiate encouragement
- If provided assistance: must revoke or neutralize the assistance(take back weapon, not show up with getaway car)

Question 3

Accomplice- person’s status

Answer 3

Where a crime is intended to protect members of a limited class, members of that class are immune from liability.

Question 4

Accomplice- failure to act

Answer 4

Absent a legal duty to act, a person cannot be held liable as an accomplice for their failure to report a crime.

Question 5

Accomplice- statutorily presumed immunity

Answer 5

Where a crime is defined in a way that necessarily involves more than one participant, but provides for liability of only one participant, it is presumed that the legislative intent was to immunize the other from liability
(drug sales: regulated conduct is the sale, not the purchase)

Question 6

Accomplice- accessory

Answer 6

Assists after the commission of a felony
- not liable for the principal’s crime, but separate crime of aiding
-liability for: intent to help a felon escape arrest, trial or conviction
-providing relief, comfort, or assistance to a known felon
-mere failure to report a crime is insufficient