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 South Dakota, aiding and abetting is addressed under the state's complicity statutes. According to South Dakota Codified Laws (SDCL), a person is criminally liable for an offense committed by the conduct of another if they intentionally aid, advise, hire, counsel, or conspire with or otherwise procure the other to commit the offense. This means that if someone knowingly and intentionally provides assistance or encouragement to the principal offender(s) in committing a crime, they can be charged with aiding and abetting. The aider and abettor does not need to be physically present at the scene of the crime to be held liable. The level of involvement required for a charge of aiding and abetting can vary, but it generally requires a showing that the defendant played some significant role in the commission of the crime. If the involvement is substantial enough, it could also be considered a conspiracy to commit the crime, which is a separate offense under South Dakota law.