What is the test for an aider and abettor to be liable in a sexual assault case?

California, United States of America


The following excerpt is from People v. Gonzalez, B197530 (Cal. App. 4/29/2008), B197530 (Cal. App. 2008):

"[A] defendant whose liability is predicated on his status as an aider and abettor need not have intended to encourage or facilitate the particular offense ultimately committed by the perpetrator. His knowledge that an act which is criminal was intended, and his action taken with the intent that the act be encouraged or facilitated, are sufficient to impose liability on him for any reasonably foreseeable offense committed as a consequence by the perpetrator. It is the intent to encourage and bring about conduct that is criminal, not the specific intent that is an element of the target offense . . . ." (People v. Croy (1985) 41 Cal.3d 1, 12, fn. 5.)

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