Can a defendant be held criminally responsible as an aider and abetor for a nontarget crime?

California, United States of America


The following excerpt is from People v. Paredes, 276 Cal.Rptr.3d 165, 61 Cal.App.5th 858 (Cal. App. 2021):

" [A] defendant may be held criminally responsible as an accomplice not only for the crime he or she intended to aid and abet (the target crime), but also for any other crime [nontarget crime] that is the "natural and probable consequence" of the target crime. [Citation.] To find an aider and abettor guilty of a nontarget crime under the natural and probable consequences theory, the jury must find that the defendant aided and abetted the target crime, that a coparticipant in the target crime also committed a nontarget crime, and that this nontarget crime was a natural and probable consequence of the target crime the defendant aided and abetted." ( People v. Hardy (2018) 5 Cal.5th 56, 92, 233 Cal.Rptr.3d 378, 418 P.3d 309.)

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