What constitutes the crime of accessory to a crime?

California, United States of America


The following excerpt is from People v. Singh, E067985 (Cal. App. 2019):

"The crime of accessory consists of the following elements: (1) someone other than the accused, that is, a principal, must have committed a specific, completed felony; (2) the accused must have harbored, concealed, or aided the principal; (3) with knowledge that the principal committed the felony or has been charged or convicted of the felony; and (4) with the intent that the principal avoid or escape from arrest, trial, conviction, or punishment." (People v. Plengsangtip (2007) 148 Cal.App.4th 825, 836.) "It is clear that certain lies or 'affirmative falsehoods' to authorities, when made with the requisite knowledge and intent, will constitute the aid or concealment contemplated by section 32 . . . [] . . . [] In contrast to affirmative falsehoods, the mere passive failure to reveal a crime, the refusal to give information, or the denial of knowledge motivated by self-interest does not constitute the crime of accessory." (Ibid.)

Other Questions


Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
Does the crime of being accessory to murder constitute a lesser included crime? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can the actual killer be held liable as an accessory on the theory that he encouraged the murder victim to commit the crime after he had committed the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.