What is the definition of a "aider and abettor" under section 186.22 of the California Criminal Code?

California, United States of America


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

" '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.' [Citation.] Accordingly, an aider and abettor 'shares the guilt of the actual perpetrator.' [Citation.] The mental state necessary for conviction as an aider and abettor, however, is different from the mental state necessary for conviction as the actual perpetrator. [] The actual perpetrator must have whatever mental state is required for each crime charged, [e.g.] murder, and attempted murder. An aider and abettor, on the other hand, must '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. Mendoza (1998) 18 Cal.4th 1114, 1122-1123.) Section 186.22, subdivision (a), penalizes "Any person who actively participates in any criminal street gang with knowledge that its members engage in, or

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