ICJI 311

ICJI 311 AIDERS AND ABETTERS/PRINCIPALS DEFINED

The law makes no distinction between a person who directly participates in the acts constituting a crime and a person who, either before or during its commission, intentionally aids, assists, facilitates, promotes, encourages, counsels, solicits, invites, helps or hires another to commit a crime with intent to promote or assist in its commission. Both can be found guilty of the crime. Mere presence at, acquiescence in, or silent consent to, the planning or commission of a crime is not [in the absence of a duty to act] sufficient to make one an accomplice.

Comment

See I.C. s 18-204. Modify elements instruction appropriately and select the appropriate terms to describe the type of action charged (aided, assisted, facilitated, etc.).

The legislature has abolished the distinction between accessories and principals. State v. Kleier, 69 Idaho 278, 206 P.2d 513 (1949). Mere knowledge of a crime and assent to or acquiescence in its commission does not give rise to accomplice liability, and the failure to disclose the occurrence of a crime to authorities is not sufficient to constitute aiding and abetting. State v. Randles, 117 Idaho 344, 787 P.2d 1152 (1990), overruled on other grounds, State v. Humphreys, 134 Idaho 657, 8 p.3d 652 (2000).

A charging document alleging that the defendant committed a particular crime is sufficient to put the defendant on notice that he or she is also being charged with aiding and abetting the commission of that crime. State v. Ayres, 70 Idaho 18, 211 P.2d 142 (1949); State v. Chapa, 127 Idaho 786, 906 P.2d 636 (Ct. App. 1995). If two or more crimes were committed, a charging document alleging that the defendant committed one of the crimes is not sufficient to provide notice that he or she is alleged to have aided and abetted the commission of another crime. State v. Chapa, 127 Idaho 786, 906 P.2d 636 (Ct. App. 1995) (where victim testified that both the defendant and another raped her, information charging the defendant with committing a rape as a principal did not notify him of allegation that he also aided and abetted the other man in committing a rape.)