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 Kentucky, aiding and abetting is recognized under the law as complicity. According to Kentucky statutes, specifically KRS § 502.020, a person is considered complicit in an offense committed by another if, with the intention of promoting or facilitating the commission of the crime, they: (a) solicit, command, or engage in a conspiracy with the principal, (b) aid, counsel, or attempt to aid the principal in planning or committing the offense, or (c) have a legal duty to prevent the commission of the offense but fail to make an effort to do so. The individual charged with aiding and abetting must have knowledge of the crime and intentionally assist in its commission, which can include providing information, action, or financial support. The level of involvement can determine whether the charge is for aiding and abetting or for a more serious offense like conspiracy. In Kentucky, a person charged with complicity can face the same penalties as the principal offender.