What is Complicity or Accomplice Liability?
Created by FindLaw's team of legal writers and editors | Last updated March 25, 2019
Complicity is the act of helping or encouraging another individual to commit a crime. It is also commonly referred to as aiding and abetting. One who is complicit is said to be an accomplice. But, even though an accomplice does not actually commit the crime, his or her actions helped someone in the commission of the crime.
The concept of accomplice liability means an accomplice faces the same degree of guilt and punishment as the individual who committed the crime. Indeed, accomplices can face the same penalties, including prison time. The key consideration is whether the individual intentionally and voluntarily encouraged or assisted in the commission of the crime, or (in some cases) failed to prevent it.
Elements of Accomplice Liability
While it varies by state, a prosecutor typically must be able to prove the following four elements to convict someone of being an accomplice or aiding and abetting:
- A crime was committed by another individual;
- The defendant "aided, counseled, commanded, or encouraged" the other person in the commission of the crime.
- The defendant acted with the requisite mental state in their jurisdiction, for example, knowingly or purposefully, to assist in the crime.
https://www.findlaw.com/criminal/criminal-law-basics/what-is-complicity-or-accomplice-liability.html
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