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 Delaware, aiding and abetting is addressed under the state's accomplice liability laws. According to Delaware law, a person is guilty of an offense if they intentionally aid, counsel, agree to aid, or attempt to aid another person in planning or committing the offense. The individual charged with aiding and abetting must have the purpose of promoting or facilitating the commission of the crime. This means that the person must knowingly and intentionally provide assistance to the principal offender. The assistance can be in the form of information, action, or financial support. The presence of the aider and abettor at the scene of the crime is not necessary for them to be charged. If the involvement is significant enough, it could also be considered a conspiracy to commit the crime, which is a separate offense. The penalties for aiding and abetting are generally commensurate with the penalties for the principal offense, meaning that an accomplice may face similar punishment to that of the person who directly committed the crime.