Is a person who aids and abet a crime even if someone else committed some or all of the criminal acts?

California, United States of America


The following excerpt is from People v. Odom, A144378 (Cal. App. 2017):

" 'All persons concerned in the commission of a crime . . . whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, . . . are principals in any crime so committed.' ( 31.) 'Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts.' '[O]utside of the natural and probable consequences doctrine, an aider and abettor's mental state must be at least that required of the direct perpetrator,' and when the crime is murder, the 'aider and abettor must know and share the murderous intent of the actual perpetrator.' '[A]n aider and abettor will "share" the perpetrator's specific intent when he or she knows the full extent of the perpetrator's criminal purpose and gives aid or encouragement with the intent or purpose of facilitating the perpetrator's commission of the crime.' " (People v. Maciel (2013) 57 Cal.4th 482, 518.)

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