What is the test for a defendant to be found guilty of assisting and abetting a sexual assault?
California, United States of America
The following excerpt is from People v. Collins, B230158 (Cal. App. 2011):
Cal.App.2d 817, 836.) If a defendant's guilt is predicated upon the theory that he aided and abetted the perpetrator, the defendant's intent to encourage or facilitate the actions of the perpetrator must have been formed prior to or during the commission of that offense. (People v. Montoya (1994) 7 Cal.4th 1027, 1039.)
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