A criminal charge of aiding and abetting is known as an accomplice crime, and may be brought against anyone who helps with the commission of a crime. Aiding and abetting charges vary from state to state (and under federal law), but generally require that the defendant knowingly and intentionally aided and abetted the principal(s) in each essential element of the underlying crime. A person charged with aiding and abetting is often not present when the underlying crime is committed, but has knowledge of the crime before the crime is committed, and assists with the commission of the crime by providing information, action, or financial support. If the person aiding and abetting has a sufficient degree of involvement in the crime, the participation may rise to the level of being a conspiracy to commit the underlying crime.
In Alaska, aiding and abetting is addressed under the state's complicity statutes. According to Alaska Statutes, a person commits the crime of aiding and abetting when they intentionally aid, advise, or encourage another person in the planning or commission of a crime. The individual charged with aiding and abetting must have the intent to promote or facilitate the commission of the crime. This means that the person must have knowledge of the criminal intent of the principal actor and take some action that assists in the commission of the underlying offense. The aider and abettor can be charged and punished as if they were the principal offender, meaning they face the same potential penalties as the person who directly committed the crime. It is not necessary for the aider and abettor to have been present at the scene of the crime, as long as their involvement contributed to the commission of the crime. Alaska law also recognizes the concept of conspiracy, which involves an agreement between two or more persons to commit a crime and an overt act in furtherance of that agreement. The distinction between aiding and abetting and conspiracy lies in the agreement and the level of involvement. Both are serious charges that can result in significant legal consequences.