Aiding and Abetting

California Penal Code §31

California Penal Code §31 makes aiding and abetting illegal. Aiding and abetting is defined as the act of helping or encouraging someone to commit a crime. Sometimes this crime is known and called “accomplice liability.” Someone who aids and abets a crime may be held liable just the same as the one who actually commits the crime. There are some limited exceptions.

§31 All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.

For example:

• Giving providing someone the weapon to commit murder.
• Driving the getaway car in a bank robbery.
• Bringing the fuel to the scene of the crime with knowledge that it is be used to set a structure on fire.

California Penal Code §31 is penalized as a wobbler offense. A “wobbler” is a criminal offense that can be charged either as a misdemeanor or a felony.

Conviction of this crime may have immigration consequences.

Law Offices of Michael P. Kade, APLC can help with all criminal and civil litigation matters.