A criminal charge of aiding and abetting is known as an accomplice crime, and may be brought against anyone who helps with the commission of a crime. Aiding and abetting charges vary from state to state (and under federal law), but generally require that the defendant knowingly and intentionally aided and abetted the principal(s) in each essential element of the underlying crime. A person charged with aiding and abetting is often not present when the underlying crime is committed, but has knowledge of the crime before the crime is committed, and assists with the commission of the crime by providing information, action, or financial support. If the person aiding and abetting has a sufficient degree of involvement in the crime, the participation may rise to the level of being a conspiracy to commit the underlying crime.
In Illinois, aiding and abetting is encompassed under the broader legal concept of 'accountability' for criminal offenses. According to Illinois law, specifically 720 ILCS 5/5-2, a person is legally accountable for the conduct of another when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of the offense, they solicit, aid, abet, agree, or attempt to aid the other person in the planning or commission of the offense. The law does not require the accomplice to be physically present at the scene of the crime to be charged. If someone provides assistance, such as information, action, or financial support, with the knowledge and intention of helping to commit the crime, they can be charged with aiding and abetting. The penalties for aiding and abetting are typically the same as for the principal offense. Additionally, if the involvement is significant enough, it may also constitute a conspiracy, which is a separate offense under Illinois law.