Does aiding and abetting second degree murder require intent to facilitate a criminal act?

MultiRegion, United States of America

The following excerpt is from Mitchell v. Prunty, 107 F.3d 1337 (9th Cir. 1997):

9 Although second degree murder does not involve premeditation, aiding and abetting second degree murder does require intent to facilitate a criminal act. That act may be a lesser crime than second degree murder because, "Under California law, a person who aids and abets a confederate in the commission of a criminal act is liable not only for that crime ... but also for any other offense ... committed by the confederate as a 'natural and probable consequence' of the crime originally aided and abetted." People v. Prettyman, 58 Cal.Rptr.2d 827, 926 P.2d 1013 (1996); see also People v. Montano, 96 Cal.App.3d 221, 226, 158 Cal.Rptr. 47 (1979) (where a defendant knowingly and intentionally aids a criminal act, he is liable for all crimes that are a natural and probable consequence of that act).

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