6th Cir. Pattern Crim. Jury Instr. 4.01

(1) For you to find _______ guilty of _______, it is not necessary for you to find that he personally committed the crime. You may also find him guilty if he intentionally helped [or encouraged] someone else to commit the crime. A person who does this is called an aider and abettor.

(2) But for you to find _______ guilty of _______ as an aider and abettor, you must be

convinced that the government has proved each and every one of the following elements beyond a reasonable doubt:

(A) First, that the crime of _______ was committed.

(B) Second, that the defendant helped to commit the crime [or encouraged someone else to commit the crime].

(C) And third, that the defendant intended to help commit [or encourage] the crime.

(3) Proof that the defendant may have known about the crime, even if he was there when it was committed, is not enough for you to find him guilty. You can consider this in deciding whether the government has proved that he was an aider and abettor, but without more it is not enough.

(4) What the government must prove is that the defendant did something to help [or encourage] the crime with the intent that the crime be committed.

(5) If you are convinced that the government has proved all of these elements, say so by returning a guilty verdict on this charge. If you have a reasonable doubt about any one of these elements, then you cannot find the defendant guilty of _______ as an aider and abettor.

Use Note

If the underlying crime is based on 18 U.S.C. § 924(c)(1)(A)(i), i.e., Using or Carrying a Firearm During and in Relation to a Crime of Violence or Drug Trafficking Crime (see Instruction 12.02) or Possessing a Firearm in Furtherance of a Crime of Violence or Drug Trafficking Crime (see Instruction 12.03), use the accomplice liability instructions provided for those particular crimes in Instructions 12.04 and 12.05 respectively.

The bracketed language in paragraphs (1), (2)(B), (2)(C) and (4) should be included when there is evidence that the defendant counseled, commanded, induced or procured the commission of the crime.