SEQ CHAPTER \h \r 1CR09-301 12/22/03

 

ACCOMPLICE LIABILITY  (Where ) was present at the scene)

The State has charged that (Def)_______________ knowingly and willfully participated as an accomplice in the crime of _______________.  An accomplice is someone who joins together with [another] [others] under a common plan, with a common intent to commit an illegal act.  An accomplice may be held criminally responsible for the acts of others who participated in the execution of the unlawful plan, as long as those acts were done to further the original common purpose.  The act of any of the participants is considered the act of all of them:  Every person who knowingly and willfully participated in the commission of the crime may be convicted of the crime.  However, the State must have proven that (Def)_______________ acted with the same intent as that of the [principal actor] [other participants].

Simply because a person was present at the scene of the crime is not sufficient to prove that he or she participated in it.  Also, the fact that a person knew about the crime beforehand is not sufficient, in itself, to prove that he or she participated.  However, you may find that (Def)_______________ participated in an unlawful act if [he] [she] was present at the scene after having agreed to an unlawful common plan, and if [he] [she] encouraged or incited the principal actor.  You may also find that (Def)_______________ participated in the unlawful act if [he] [she] was present by prior agreement, with the specific purpose of encouraging or inciting the principal actor, or of providing assistance to the principal actor if it should become necessary.  Thus it is possible that a person may participate as an accomplice in an unlawful scheme, without necessarily performing any particular act.

An agreement or common plan can be made expressly, in words, or it can be implied by conduct.  The State may prove an implied agreement or implied common plan by either direct or circumstantial evidence.  In determining whether (Def)_______________ participated in a common plan to commit a (crime)_______________, you should consider all of the surrounding circumstances established by the evidence.