SEQ CHAPTER \h \r 1CR09-305 12/22/03

ACCOMPLICE LIABILITY  (Where ) was not 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 each is considered the act of all:  Every person who knowingly and willfully participated in the commission of the crime may be convicted of the crime.  However, the State must prove that (Def)_______________ acted with the same intent as that of the [principal actor] [other participants].

To be held liable as an accomplice, (Def)_______________ must have intentionally aided, in some manner, in the commission of the crime.  [His] [Her] participation may consist of help with preparation, or advice.  However, (Def)_______________ need not have been present at the scene when the crime was committed.  A person may aid in an unlawful plan without 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.