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 Hawaii, aiding and abetting is addressed under the state's accomplice liability laws. According to Hawaii Revised Statutes Section 702-222, a person is an accomplice to a crime if, with the intent to promote or facilitate the commission of the crime, they solicit, aid, agree to aid, or attempt to aid the principal in planning or committing the crime. The law does not require the accomplice to be physically present at the scene of the crime. However, they must have the intent that their actions will assist in the crime's commission. The accomplice can be charged and convicted even if the principal is not prosecuted or convicted. The penalties for aiding and abetting are generally the same as those for the principal offense. It's important to note that the specific circumstances of each case can affect the application of the law, and an attorney can provide guidance on how the law may apply to a particular situation.