Guilt Established by Complicity

A person is guilty of an offense if, with the intention of promoting or assisting in the commission of the offense, he induces or aids another person to commit the offense. If the definition of the offense includes lesser offenses, the offense of which each person shall be guilty shall be determined according to his own culpable mental state and to those aggravating or mitigating factors which apply to him. SOURCE: G.P.C. § 31; See also §§ 101.109.127.359, 418 & 659: M.P.C. § 2.06(3); *Cal. § 451 (T.D.1, 1967); Cal. § 415 (1971); Mass. ch. 263, § 21; N.J. § 2C:2-6. COURT DECISIONS: SUPER.CT. 1982 Where facts show that two youths assisted each other in Ahot-wiring@ a vehicle, then one youth was the driver and one a passenger, the youth who was the passenger was equally guilty of violating § 43.65(a) as was the youth who actually drove the vehicle. People in the interest of C.S.I., JD#50-82. COMMENT: This Section resolved the often conflicting court decisions defining an Aaccomplice@ by limiting the definition to one who intends or promotes the commission of another offense. Prior court decisions have used this definition as well as the older definition Amere knowledge or presence@ when finding a person an accomplice. Guam has used the narrow and broad definition, as well as merging the two into the definition of a Aprincipal@ as found in the Penal Code. The second sentence of this Section does away with the judicial doctrine that a person who aids or promotes the commission of an offense has his degree of guilt determined by the same degree of guilt as is found in the actual perpetrator of the offense. This Section would have the trier of fact determine the degree of guilt of each party based upon the circumstances and mental culpability of each independent from the other.