California, United States of America
The following excerpt is from People v. Gutierrez, B265994 (Cal. App. 2016):
"All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission . . . are principals in any crime so committed." ( 31.) "An aider and abettor is one who acts 'with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense.' (People v. Beeman (1984) 35 Cal.3d 547, 560.)" (People v. Chiu (2014) 59 Cal.4th 155, 161.)
When a charged offense is a specific intent crime, and the theory of accomplice liability is that he or she directly encouraged or facilitated the crime, the accomplice must share the actual perpetrator's specific intent in order to be found criminally liable to the same extent as the actual perpetrator. (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1164-1165.) In the case of murder, the aider and abettor "'must know and share
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the murderous intent of the actual perpetrator.' [Citation.]" (Id. at p. 1164)
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