What is the test for an aider and abettor to be found guilty of aiding and abetting a crime?
California, United States of America
The following excerpt is from People v. Rios, B239242 (Cal. App. 2013):
Generally, an aider and abettor is guilty of the crime he or she intended to aid and abet. (People v. McCoy (2001) 25 Cal.4th 1111, 1117 (McCoy).) "If the mens rea of the aider and abettor is more culpable than the actual perpetrator's, the aider and abettor may be guilty of a more serious crime than the actual perpetrator." (Id. at p. 1120.) Conversely, if the aider and abettor's mens rea is less culpable, the aider and abettor may be guilty of a lesser crime. (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1164 (Samaniego).)
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