What is the legal test for an aider and abettor in a sexual assault case?

California, United States of America


The following excerpt is from People v. Saldana, B238491 (Cal. App. 2013):

Here, the prosecution theory was that defendant was an aider and abettor and the trial court thus instructed the jury as to the general principles of aiding and abetting, as well as the natural and probable consequences doctrine. "[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 [with] (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." (People v. Beeman (1984) 35 Cal.3d 547, 561.) "'A person who knowingly aids and abets criminal conduct is guilty of not only the intended crime [target offense] but also of any other crime the perpetrator actually commits [nontarget offense] that is a natural and probable consequence of the intended crime. The latter question is not whether the aider and abettor actually foresaw the additional crime, but whether, judged objectively, it was reasonably foreseeable. [Citation.]' [Citation.]" (People v. Medina (2009) 46 Cal.4th 913, 920 (Medina).)

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