What is the test for a person to be found guilty of aiding and abetting the commission of a crime?

California, United States of America


The following excerpt is from People v. Baker, F071120 (Cal. App. 2018):

" '[A] person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime.' [Citation.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 295-296.) "[P]roof of aider and abettor liability requires proof in three distinct areas: (a) the direct perpetrator's actus reusa crime committed by the direct perpetrator, (b) the aider and abettor's mens reaknowledge of the direct perpetrator's unlawful intent and an intent to assist in achieving those unlawful ends, and (c) the aider and abettor's actus reusconduct by the aider and abettor that in fact assists the achievement of the crime." (People v. Perez (2005) 35 Cal.4th 1219, 1225.) " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. . . . [] . . . [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the

Page 17

Other Questions


Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Can a defendant who knowingly aids and abets another in the commission of a crime other than the target crime be found guilty of a similar offence? (California, United States of America)
Is a person who aids and abets the commission of a crime a "principal" in the crime? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit? (California, United States of America)
What is the test for a person to be found guilty of aiding and abetting a crime? (California, United States of America)
Is a person who aids and abets the commission of a crime a "principal" in the crime? (California, United States of America)
What is the test for a person to be found guilty of aiding and abetting a crime? (California, United States of America)
What is the difference between "A person is equally guilty of the crime whether he or she is personally or aided and abetted"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.