Illinois Aiding, Abetting, and Accessory Laws

In Illinois, as in all states, criminals face charges for committing a crime. But accessories also get charged for helping the person commit the crime. Even if you aren't there when the criminal act is committed, Illinois law has charges for aiding, abetting, and supporting someone who commits a crime.

The criminal offenses of aiding and abetting and accessory fall under the Parties to Crime section of the Illinois Criminal Code. A person becomes a party to a crime if they perform any act that tends to support, promote, or facilitate the commission of the crime.

Aiding, Abetting, and Accessories

Although "aiding and abetting" are often used with being an "accomplice," these terms have specific legal meanings. Illinois criminal law (ILCS 720 § 5/5-2) defines an "accessory" as someone legally responsible for the conduct of another when:

• They cause the other person's conduct, and that person lacks the mental state to be responsible for their own actions
• There is a statute making the person accountable
• Before or during the commission of the offense, the person aids or agrees to help the other person in the planning or commission of a crime.

In most states, aiding and abetting takes place before the criminal act. For instance, providing financial support, advice, or driving the person to the scene of the crime may be aiding and abetting. Being an accessory happens after the act, as when someone harbors a fugitive or drives a getaway car.

In all cases, to file criminal charges, the prosecutor must show you were aware of the criminal intent and intended to help in the criminal design. For instance, if you knew your roommate was planning to rob a bank and gave them a ride to the bank, you would take part in the criminal design. You would not be liable if you had no idea what they were doing and gave them a ride just because you were heading that way.

Accessory vs. Conspiracy

In Illinois state law, accomplice liability differs from conspiracy in that a crime of conspiracy is complete when the parties:

• Agree to the commission of an unlawful act, and
• One party commits any act in furtherance of the conspiracy

A person is not an accomplice until after the principal commits a crime (ILCS 720 § 5/5-3). Prosecutors must prove the accomplice's liability beyond a reasonable doubt.

Defenses To Aiding and Abetting

A person is not accountable for purposes of this section if:

• They were a victim of the crime
• The definition of the offense makes their conduct incidental
• Before the crime, they ended their participation in the matter and either notified law enforcement or withdrew all support and help from the matter

Penalties

The penalties for aiding and abetting a crime depend on the crime the principal committed (ILCS 720 § 5/5-3). Under Illinois' accountability theory, the accessory is liable for the same crime as the principal. Aiding and abetting first-degree murder can result in a murder charge for the accessory.

Get Legal Advice From an Illinois Criminal Defense Attorney

Aiding, abetting, and accessory laws are complex legal issues. Becoming involved in a criminal act can be easier than you realize. If you're unsure about your involvement with another person's actions, consult an experienced Illinois criminal defense attorney.