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 Indiana, aiding and abetting is addressed under the state's criminal law as 'complicity'. According to Indiana Code § 35-41-2-4, a person who knowingly or intentionally aids, induces, or causes another person to commit an offense is legally accountable for the crime as if they had committed it themselves. This means that an accomplice does not need to be present at the scene of the crime to be charged. The statute requires that the individual had the intent to assist in the crime and took some action to aid, encourage, or induce the commission of the crime. The level of the charge for aiding and abetting typically corresponds to the level of the underlying crime committed by the principal offender. It's important to note that the concept of conspiracy is separate from aiding and abetting, although both involve cooperation in criminal activity. Conspiracy requires an agreement to commit a crime, along with an overt act in furtherance of that crime, which is covered under Indiana Code § 35-41-5-2.