Tim Crispi :
Accomplice Liability
18 U.S.C. § 2 establishes that accomplices or "aiders and abettors" of federal crimes are guilty to the same extent as those who directly carry them out.445 Section 2 does not define a separate crime, but rather delineates "alternative means of incurring criminal liability" for an underlying offense.446 The statute actually comprises two forms of accomplice liability with substantial overlap. Section 2(a) speaks of one who "aids, abets, counsels, commands, induces or procures" the commission of a federal crime.447 Aiding and abetting requires that one associate himself with an effort to carry out a crime, "participate[] in it as in something he wishe[s] to bring about, and [seek] by his actions to make it succeed."448 Something more is required than merely being present at the scene of a crime with knowledge that it will be carried out,449 but a defendant's participation need not advance every element of the aided crime.450 That said, the accomplice must intend that the underlying offense be committed, which requires that he be aware in advance of its scope.451 It is also a prerequisite that the crime then be accomplished.452
Section 2(b) provides that one who "willfully causes an act to be done which if directly performed by him or another would be" a federal offense is "punishable as a principal" for the completed crime.453 Although it appears that much of the same ground is covered by the language of 2(a) regarding one who "commands, induces or procures" commission of a federal crime, Congress enacted Section 2(b) to clarify that accomplice liability applies "to defendants who work through either culpable or innocent intermediaries."454 To violate the provision, one must intentionally cause another to act in violation of the underlying statute, with the intent required for such a violation.455
As noted above, Section 2 does not establish distinct criminal offenses; it provides means for charging those who aid in federal crimes with the aided crimes themselves. As such, one may be prosecuted for violations of the federal statutes related to domestic terrorism that are discussed in other sections of this report not only where one persona
2026-06-21 12:23:37