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 California, aiding and abetting is covered under the state's accomplice liability laws. According to California Penal Code Section 31, a person who aids and abets a crime is considered a principal in the crime and can be charged and convicted as if they had directly committed the offense themselves. To be convicted of aiding and abetting, the prosecution must prove that the defendant had the intent to facilitate or encourage the crime, knew of the criminal intent of the perpetrator, and actively participated in or significantly contributed to the commission of the crime. This can include providing information, resources, or any form of support that enables the principal to carry out the criminal act. Aiding and abetting is not limited to being physically present at the scene of the crime; it can also apply to actions taken before or after the crime is committed. The penalties for aiding and abetting are typically the same as those for the underlying crime itself.