Under federal law, assisting or encouraging someone to commit a federal crime makes you just as liable and punishable as the person who actually commits the crime.
According to Title 18 U.S. Code Section 2, anyone who aids or abets a federal offense is considered a 'principal.'
In legal terms, a principal is a person who is directly involved in the commission of a crime, either by committing the act or by aiding and abetting. This means they are treated as if they committed the crime themselves.
Simply put, aid and abet refers to helping or encouraging someone to commit a crime. Typically, an aider and abettor is criminally responsible to the same degree as the person who actually commits the crime.
In other words, a person assists and encourages the commission of a crime when they, knowing the unlawful goal of the offender, actively or indirectly help, promote, or provoke the federal offense, whether through actions or advice.
This law is often referred to as the accomplice statute because it allows individuals to be prosecuted as a principal, even if they did not perform every act of the crime. For indictment of a section 2 charge, a separate crime that the person helped carry out must exist.
What Language Does Section 2 Contain?
Title 18, United States Code, Section 2, makes it a federal offense to assist or encourage the commission of another crime, and states the following:
"(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission is punishable as a principal.
(b) Whoever willfully causes an act to be done which, if directly performed by him or another, would be an offense against the United States, is punishable as a principal."
To convict you of violating 18 U.S.C. 2, the federal prosecutor must demonstrate that you linked yourself to the criminal activity, knowingly took part, and actively worked to ensure the endeavor's success.
Aiding and Abetting - Clarified
As mentioned, aiding and abetting involves helping, facilitating, or encouraging the commission of a crime. Under federal law, there is no significant distinction between the person who directly commits the crime (the principal) and those who assist (the accomplices).
An individual doesn't need to be physically present at the crime scene to be considered an aider and abettor; it suffices that they knowingly assisted in some significant way.
This broad definition encompasses various activities, ranging from planning the crime to supplying tools for it or assisting the main offender in evading capture afterward.
For instance, providing a weapon to someone knowing they intend to use it in a crime, or driving a getaway car after a robbery, would be considered aiding and abetting.
The key factor is intent: the accomplice must have intended to aid the crime and have taken some step toward its completion. This encompasses actions that occur before, during, or after the commission of the crime.
The government needs to demonstrate that a principal committed a crime and that the individual under indictment assisted or abetted in that criminal act.
Section 2(a) addresses individuals who assist or encourage the commission of a crime. Section 2(b) addresses those who induce another person to commit a crime, regardless of the victim's guilt or innocence.
Understanding 18 U.S. Code 2 - Principals
18 U.S. Code § 2 is often referred to as the federal aiding and abetting statute, as prosecutors primarily use it to hold accessories accountable with the same penalties as those who committed the crime. The law includes two key elements:
- Anyone who assists, encourages, advises, orders, or facilitates the commission of a crime against the United States is punishable as a principal.
- Anyone who willfully commits a federal crime can be charged as a principal, even if they did not directly carry out the act.
This law has two main purposes:
- Deterrence: The law may discourage individuals from aiding in a crime by holding accessories to the same level of culpability as the main perpetrators.
- Cooperation: When individuals realize they might face charges for the same crime, they tend to be less inclined to assist and more likely to cooperate with authorities, which simplifies the prosecution process.
It is important to note that, even if the principal is not convicted, you can still be found guilty of aiding and abetting if prosecutors demonstrate that you assisted in the crime. In other words, your conviction does not depend on the principal's fate; helping with the crime can lead to your conviction regardless of the perpetrator's acquittal.
What Must Be Proven for a Conviction?
To secure a conviction under the aiding and abetting statute, the prosecution needs to prove several elements beyond a reasonable doubt.
These elements include the commission of a crime, your awareness of the crime, your deliberate assistance, and your criminal intent to help facilitate the crime. Let's review below:
- A Crime Was Committed: Primarily, it must be established that a crime took place, typically by identifying and charging the perpetrator.
- You Knew: Prosecutors need to demonstrate that you knew about the crime and understood that your actions would help carry it out.
- You Provided Intentional Aid: They must demonstrate that you intentionally helped, advised, commanded, induced, or facilitated the crime. In essence, you knowingly offered some form of support, whether through advice, financial aid, physical participation, or any act that could be seen as encouraging or assisting the offense.
- You Acted with Criminal Intent: The prosecution must prove that you deliberately intended to help commit a crime. Your participation was voluntary, not accidental or unintentional.
What Penalties Apply for Aiding and Abetting?
There is no distinct criminal charge specifically for aiding and abetting; accessories are charged the same as the main perpetrators. The penalties for aiding and abetting a federal offense can be as harsh as those for directly committing the crime.
Therefore, if you're accused of assisting or encouraging the crime, you could face identical fines, jail sentences, or other sanctions as the person who carried out the offense. These penalties can be very severe and should not be taken lightly.
What Possible Defenses Exist?
If charged with aiding and abetting, a knowledgeable federal criminal defense lawyer can deploy several key defense strategies, such as:
- Lack of Knowledge: This defense may apply if you can show that you were unaware that a crime was taking place.
- No Intentional Assistance: Your efforts to help with the crime were accidental or unintentional.
- Withdrawal: If you withdrew your support or tried to stop the crime before it happened, you might use this as a defense. However, successfully using a withdrawal defense can be complicated and usually requires proof that you told the principal about your withdrawal and attempted to undo the impact of your previous help.
Additionally, if you are charged with aiding and abetting, cooperating with federal prosecutors to convict the principal can often result in reduced penalties, typically through a plea bargain. Contact our law firm for more information. Eisner Gorin LLP is headquartered in Los Angeles, California.
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