A person is guilty of criminal facilitation when, knowing that another person intends to engage in conduct which in fact constitutes a crime, he knowingly furnishes substantial assistance to him. Criminal facilitation of a felony of the first degree is a felony of the third degree. Criminal facilitation of a felony of the second or of the third degree is a misdemeanor.
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Criminal facilitation of a misdemeanor or petty misdemeanor is a petty misdemeanor. SOURCE: See Guam PC §§ 481, 527; *Cal. § 452 (T.D.1, 1967); N.Y. Rev. Pen. Law § 115.00. COMMENT: § 4.65 creates a new crime, that of Criminal Facilitation. It is similar to the New York Revised Penal Law, § 115.00 and is directed at knowing, purposeful, assistance to one who is known or intends to engage in conduct constituting an offense. The classic illustration of such conduct is the supplier of yeast and sugar to one known to be engaged in an illicit distilling operation (moon-shine). See Falcone v. United States, 109 F.2d 579 (2nd. Cir., 1940), aff'd, 311 U.S. 205 (1940). Inasmuch as § 4.60 requires a purpose to commit an offense, the mere supplier or aider would not be guilty of violating that Section. Section 4.65 covers that conduct, but imposes a lesser penalty than § 4.60. The requirement that the assistance be Asubstantial@ is intended to leave up to the jury questions such as whether the one who has committed the offense i.e., the illicit moon- shine operation, could have readily obtained the materials elsewhere. If so, the jury could reasonably conclude that the facilitator's assistance is not substantial, but was rather a common act in which any person could engage without criminal intent.