Accomplice Liability

Accomplice liability is the primary theory for holding a person criminally responsible for a crime committed by another. Under both common law and the Model Penal Code, an accomplice is liable for the criminal acts of the principal when they act with the purpose of promoting or facilitating the commission of the offense.

The elements of accomplice liability are: (1) the principal committed the crime (or at least attempted it); (2) the defendant intentionally assisted, encouraged, or facilitated the commission of the crime; and (3) the defendant acted with the purpose of promoting or facilitating the crime. Mere knowledge that a crime may result from one's assistance is generally insufficient — the accomplice must have the specific intent to further the criminal venture.

The distinction between an accomplice and an innocent bystander often turns on the quality of the assistance. Mere presence at the scene is insufficient, but presence combined with encouragement, serving as a lookout, or providing tools or information can establish accomplice liability. The assistance need not be essential to the crime — even minimal aid suffices if provided with the requisite intent.

Under the natural and probable consequences doctrine (followed in some jurisdictions), an accomplice is liable not only for the intended crime but also for any other crime committed by the principal that was a natural and probable consequence of the intended crime. This doctrine significantly extends accomplice liability and has been criticized as inconsistent with the requirement of purpose or intent.

The Model Penal Code's approach under Section 2.06 requires that the accomplice act with the purpose of promoting or facilitating the offense. It rejects the natural and probable consequences doctrine, limiting liability to crimes the accomplice actually intended to promote.

On exams, accomplice liability appears when one person assists another in committing a crime. The analysis should focus on the nature of the assistance, the accomplice's mental state, and whether the jurisdiction follows the natural and probable consequences doctrine.