Principal in the first degree
engaged in the act or omission that constitutes the offense or caused an innocent agent to do so
Principal in the second degree
aided, commanded, or encouraged the principal and was present at the crime
accessory before the act
assisted or encouraged but was not present
accessory after the fact
with knowledge that the other committed a felony, assisted him in escaping arrest or punishment
CL convictions
conviction of the principal was required for conviction of an accessory
Modern Approach
All parties to the crime may be found guilty of the principal offense
- distinctions between principals have been abolished for the most part
Principal Actor: Conduct & Liability
- Conduct: Commits the illegal act or who causes an agent to do so
- Liability: liable for the principal crime
Accomplice (including CL accessory before the fact): conduct & liability
- Conduct: aids or encourages principal to commit the illegal conduct
- Liability: liable for principal crime if accomplice intended to aid or encourage crime
Accessory after the Fact:
Conduct & Liability
- Conduct: Person who aids another to escape knowing that he has committed a felony
- Liability: liable for separate, less serious crime of being an accessory after the fact
Accomplice Liability Mens Rea
Dual Intent
1. the intent to assist the principal
2. the intent that the principal commit the substantive offense
Members of protected class
woman transported across state lines for immoral purposes; statutory rape victims
Withdrawal Case law
a person who effectively withdraws from a crime before it is committed cannot be found guilty as an accomplice
- must occur before the crime becomes unstoppable
Withdrawal
- repudiation is sufficient withdrawal for mere encouragement
- attempt to neutralize assistance is required if participation went beyond mere encouragement
- notifying the police or taking other action to prevent the crime is also sufficient
