Accomplice – definition
In criminal law, an accomplice is a person who knowingly, voluntarily, or intentionally assists or participates in the commission of a crime alongside the principal offender. Unlike an accessory, an accomplice is typically present at the scene of the crime or actively involved during its commission. The accomplice shares equal criminal liability with the principal, meaning they can be prosecuted and punished to the same extent as the person who actually commits the crime.
The role of an accomplice may include aiding, abetting, counseling, inciting, or encouraging the principal offender before or during the crime. The key factor for accomplice liability is the intentional assistance or facilitation of the offense, coupled with knowledge of its unlawful nature. Unlike an accessory after the fact, an accomplice’s involvement occurs at or before the criminal act, not after.
Key aspects of the concept
- An accomplice is criminally liable to the same degree as the principal offender and may be responsible for all criminal acts committed during the crime’s execution.
- The accomplice must have the requisite intent and knowledge about the crime and voluntarily choose to assist or encourage the principal.
- Presence at the crime scene is common but not strictly necessary if the accomplice aids the crime’s commission through other means.
- Legal distinctions between accomplices and accessories before the fact have diminished in many jurisdictions, treating all as principals in the crime.
- An accessory after the fact, who assists after the crime’s completion, is generally not considered an accomplice and faces lesser penalties.
Examples of use of “Accomplice”
- A lookout during a robbery who warns the principal offender of approaching police acts as an accomplice.
- A person who drives the getaway car in a bank robbery is an accomplice, sharing liability for the crime.
- Encouraging or persuading another to commit an offense also qualifies one as an accomplice.
- Providing tools or information at the crime scene to facilitate the commission of the crime renders one an accomplice.
See also
- Accessory
- Aiding and Abetting
- Principal Offender
- Accessory After the Fact