A criminal charge of aiding and abetting is known as an accomplice crime, and may be brought against anyone who helps with the commission of a crime. Aiding and abetting charges vary from state to state (and under federal law), but generally require that the defendant knowingly and intentionally aided and abetted the principal(s) in each essential element of the underlying crime. A person charged with aiding and abetting is often not present when the underlying crime is committed, but has knowledge of the crime before the crime is committed, and assists with the commission of the crime by providing information, action, or financial support. If the person aiding and abetting has a sufficient degree of involvement in the crime, the participation may rise to the level of being a conspiracy to commit the underlying crime.
In Texas, aiding and abetting is addressed under the law of parties, which is codified in the Texas Penal Code. According to this statute, a person can be criminally responsible for an offense committed by the conduct of another if they act with the intent to promote or assist the commission of the offense. This can include soliciting, encouraging, directing, aiding, or attempting to aid the other person to commit the crime. The individual charged with aiding and abetting does not need to be physically present at the scene of the crime to be held liable. If the person's involvement meets certain criteria, they can be charged with the same offense as the principal actor. Additionally, if the participation is significant enough, it could also be considered a conspiracy, which is a separate offense under Texas law. The penalties for aiding and abetting are generally the same as for the principal offense, meaning that an accomplice can face the same charges and potential punishment as the person who directly committed the crime.
