Is a person who aids and abets the commission of a crime a "principal" in the crime?

California, United States of America


The following excerpt is from People v. Johnson, C081255 (Cal. App. 2018):

Section 31 provides, in relevant part, as follows: "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, . . . , are principals in any crime so committed." Thus, "[u]nder California law, a person who aids and abets the commission of a crime is a 'principal' in the crime, and thus shares the guilt of the actual perpetrator." (People v. Prettyman (1996) 14 Cal.4th 248, 259.)

"[T]he weight of authority and sound law require proof that an aider and abettor act with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense." (People v. Beeman (1984) 35 Cal.3d 547, 560.) "[A] person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime." (Id. at p. 561.)

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