Georgia Jury Instruction - Aiding And Abetting - Agency - 1 8 USC Sect. 2
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Elements of Aiding and Abetting A charge of aiding and abetting has three requirements. First, someone else must have committed a crime. Second, the defendant must have assisted that person in the commission of the crime. Third, the defendant must have had knowledge of that person's criminal intent or criminal plans.
However, it is important to understand that aiding and abetting is not a separate charge. If you face charges as an accomplice, you will be charged with the underlying offense. You can face the harshest felony charges if the prosecutor has evidence you were an accomplice of rape, kidnapping, or homicide.
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
Thus, a person commits a criminal act with intent when that person's conscious objective or purpose is to engage in the act which the law forbids or to bring about an unlawful result. Motive, on the other hand, is the reason why a person chooses to engage in criminal conduct.
(18 U.S.C. § 2(a)) The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [specify crime charged].
Aiding means helping someone to commit a crime while abetting means encouraging or counseling someone to commit a crime. Aiding has three elements. First, the aiding must be intentional. The prosecution must prove you knew that your help would assist another in committing a crime.
Elements of the Offence The mens rea of the offence has two components: intent and knowledge. That is, the abettor must have intended to abet the principal in the commission of the offence and known that the principal intended to commit the offence.
Section 21 renders a person a party to an offence where he or she aids or abets a principal offender (21(1)) or forms an intention in common intention to carry out an unlawful purpose (21(2)). Aiding means assisting or helping; abetting means encouraging, instigating, or promoting. ( Briscoe, Greyeyes)