What is the test for determining derivative liability of a defendant who encouraged or facilitated a child sexual abuse?

California, United States of America


The following excerpt is from People v. Solis, 20 Cal.App.4th 264, 25 Cal.Rptr.2d 184 (Cal. App. 1993):

In order to assess derivative liability, therefore, the finder of fact must determine that the defendant encouraged or facilitated some sort of activity which foreseeably led to the ultimate crime. The defendant need not intend that the ultimate crime be committed, nor need he even personally foresee that it may be committed. It is enough that, objectively, it is reasonably foreseeable from the defendant's actions that the ultimate crime may occur. (People v. Croy (1985) 41 Cal.3d 1, 12, fn. 5, 221 Cal.Rptr. 592, 710 P.2d 392.)

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