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 Montana, aiding and abetting is addressed under the state's laws regarding accountability for the conduct of another. According to Montana Code Annotated (MCA) § 45-2-302, a person is legally accountable for the behavior of another constituting an offense if they intentionally aid, abet, assist, or encourage the other person in the commission or planning of the crime. The law does not require the accomplice to be physically present at the scene of the crime to be charged. The individual charged with aiding and abetting must have the purpose of promoting or facilitating the commission of the offense. If convicted, the accomplice can face the same penalties as the principal offender. This aligns with the general principle that aiding and abetting involves knowingly and intentionally supporting the principal(s) in the crime, which can include providing information, action, or financial support. The degree of involvement can indeed elevate the charge to conspiracy if it meets the criteria for such under Montana law.