What is the test for an aider and abettor to be held liable for assisting and assisting in the commission of a crime?

California, United States of America


The following excerpt is from People v. Gutierrez, B265994 (Cal. App. 2016):

"All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission . . . are principals in any crime so committed." ( 31.) "An aider and abettor is one who acts '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.)" (People v. Chiu (2014) 59 Cal.4th 155, 161.)

When a charged offense is a specific intent crime, and the theory of accomplice liability is that he or she directly encouraged or facilitated the crime, the accomplice must share the actual perpetrator's specific intent in order to be found criminally liable to the same extent as the actual perpetrator. (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1164-1165.) In the case of murder, the aider and abettor "'must know and share

Page 48

the murderous intent of the actual perpetrator.' [Citation.]" (Id. at p. 1164)

Other Questions


Is a person liable as an aider and abettor for assisting and assisting in the commission of a crime? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
Is a person liable as an aider and abettor for assisting and assisting in the unlawful purpose of a crime? (California, United States of America)
What is the test for an aider and abettor to be found liable for assisting and abetting the commission of a crime? (California, United States of America)
Can an aider and abettor be held liable for the commission of a very serious crime? (California, United States of America)
What is the test for an aider and abettor to be held responsible for assisting and assisting in the crime? (California, United States of America)
What is the test for determining whether an aider and abettor is liable for any other crime that was a "natural and probable consequence" of the crime? (California, United States of America)
What is the test for an aider and abettor to be found guilty of assisting in the commission of a crime? (California, United States of America)
Can an aider and abettor become liable for the commission of a very serious crime committed by the aeder and his confederate? (California, United States of America)
Is an aider and abettor liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.