Does section 31 of the California Code of Civil Procedure bar an aider and abettor in a sexual assault case?

California, United States of America


The following excerpt is from People v. McPherson, 104 Cal.Rptr.2d 6, 86 Cal.App.4th 527 (Cal. App. 2001):

Additionally, section 31 draws no distinction between the criminal liability of persons who "directly commit the act constituting the offense, or aid and abet in its commission." A person is guilty of a crime if he or she promotes, aids, or encourages its commission, knowing the perpetrator's unlawful purpose and intending to facilitate that purpose. (People v. Beeman (1984) 35 Cal.3d 547, 554-555.) An aider and abettor stands on equal footing with the actual perpetrator of a sexual assault. (People v. Nguyen (1993) 21 Cal.App.4th 518, 529-530.)

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