Is a person liable for a crime as an aider and abettor?

California, United States of America


The following excerpt is from People v. Marquez, D068672 (Cal. App. 2016):

A person is liable for a crime as an aider and abettor if the person acts "with 'knowledge of the direct perpetrator's unlawful intent and an intent to assist in achieving those unlawful ends, and ... conduct by the aider and abettor ... assists the achievement of the crime.' " (People v. Lopez, supra, 56 Cal.4th at p. 1069; People v. Campbell (1994) 25 Cal.App.4th 402, 409.) "[I]n general neither presence at the scene of a crime nor knowledge of, but failure to prevent it, is sufficient to establish aiding and abetting its commission. [Citations.] However, '[a]mong the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime,

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companionship, and conduct before and after the offense.' " (People v. Campbell, at p. 409.)

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