A criminal accomplice is a person who knowingly, voluntarily, or intentionally assists another person in the commission of a crime—or under some circumstances, a person who fails to prevent another person from committing a crime. Unlike a person who aids and abets a crime by helping with the planning of the crime but is often not present at the scene of the crime—and unlike an accessory after the fact, who is not present at the scene of the crime but assists after the commission of the crime to help the perpetrator avoid arrest or punishment—an accomplice actively participates in the commission of the crime. For example, a person who acts as a lookout or getaway driver for a bank robbery is an accomplice.
In many states the traditional distinctions between the culpability of accomplices and principals to a crime have been replaced by statute—including the felony murder rule that may make an accomplice guilty of first degree or capital murder if he was the lookout or getaway driver for a bank robbery that resulted in a death.
In Ohio, the law does not distinguish sharply between principals and accomplices in the commission of a crime. Under Ohio Revised Code Section 2923.03, a person can be charged as an accomplice, referred to as 'complicity,' if they aid or abet another in committing an offense. This means that if someone acts as a lookout or getaway driver during the commission of a crime, such as a bank robbery, they can be held as criminally liable as the person who directly commits the offense. Furthermore, Ohio follows the felony murder rule, which is codified in Ohio Revised Code Section 2903.02. Under this rule, if a death occurs during the commission or attempted commission of a felony, such as a bank robbery, an accomplice can be charged with murder, regardless of whether they directly caused the death. This can result in first-degree or even capital murder charges for the accomplice if the circumstances meet the criteria set forth in the statute.
