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 Utah, aiding and abetting is addressed under the state's criminal laws as an accomplice to a crime. According to Utah Code Section 76-2-202, a person is criminally liable as an accomplice for the actions of another if they intentionally solicit, request, command, encourage, or intentionally aid the other person to engage in the conduct constituting the offense. The individual charged with aiding and abetting must have the intent that the crime be committed and must engage in some form of affirmative action or contribution to the crime's commission. This can include providing advice, financial support, or means to commit the crime. It is not necessary for the accomplice to be physically present at the crime scene to be held liable. The penalties for aiding and abetting will typically align with the severity of the underlying crime that was committed. It's important to note that the concept of conspiracy is distinct from aiding and abetting, although both involve cooperation in criminal activity. Conspiracy requires an agreement between two or more persons to commit a crime and an overt act in furtherance of the crime, which can be prosecuted even if the underlying crime was not successfully completed.