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 Pennsylvania, aiding and abetting is recognized under the concept of 'accomplice liability,' which is outlined in 18 Pa.C.S. § 306. According to state law, a person is considered an accomplice to a crime if they intentionally aid, agree to aid, or attempt to aid another person in planning or committing the crime. The accomplice must have the intent of promoting or facilitating the commission of the offense. This means that the individual charged with aiding and abetting must have knowledge of the criminal intent of the principal actor and take some active step to aid in the crime. The accomplice can be charged and punished as if they were the principal offender, meaning they face the same penalties as the person who directly committed the crime. It is not necessary for the accomplice to be present at the scene of the crime to be held liable. The degree of involvement can also lead to charges of conspiracy if it is found that there was an agreement to commit the crime and an overt act in furtherance of that agreement.