accomplice

accomplice ([schwa]-kom-plis).

1. A person who is in any way involved with another in the commission of a crime, whether as a principal in the first or second degree or as an accessory. • Although the definition includes an accessory before the fact, not all authorities treat this term as including an accessory after the fact. [Cases: Criminal Law 59. C.J.S. Criminal Law §§ 127, 998.]

“There is some authority for using the word ‘accomplice’ to include all principals and all accessories, but the preferred usage is to include all principals and accessories before the fact, but to exclude accessories after the fact. If this limitation is adopted, the word ‘accomplice’ will embrace all perpetrators, abettors and inciters.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 727 (3d ed. 1982).

“A person is an ‘accomplice’ of another in committing a crime if, with the intent to promote or facilitate the commission of the crime, he solicits, requests, or commands the other person to commit it, or aids the other person in planning or committing it.” 1 Charles E. Torcia, Wharton’s Criminal Law § 38, at 220 (15th ed. 1993).

2. A person who knowingly, voluntarily, and intentionally unites with the principal offender in committing a crime and thereby becomes punishable for it. See ACCESSORY. Cf. PRINCIPAL(2).“By definition an accomplice must be a person who acts with the purpose of promoting or facilitating the commission of the substantive offense for which he is charged as an accomplice. State v. White, n. J. 1984, 484 A.2d 691, 98 N.J. 122.” Model Penal Code § 2.06 annot. (1997).


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