Recently I judged a high school mock trial competition in which the case was of a 1930s gangster charged with "aiding and abetting" a kidnapping. It was very interesting to hear the students present the prosecution and defense cases in the historical context of post-Prohibition 1930s St. Paul, which was the home of many gangsters during Prohibition. But what is meant by aiding and abetting a crime?
As explained in Minnesota’s Jury Instruction Guides, a "defendant is guilty of a crime committed by another person when the defendant has played an intentional role in aiding the commission of the crime and made no reasonable effort to prevent the crime before it was committed." Thus, a defendant is guilty of aiding and abetting if the defendant:
■ Knew his alleged accomplices were going to or were committing a crime.
■ Intended that his actions aid the commission of the crime; and
■ Did not thereafter abandon his purpose and make reasonable efforts to prevent the crime.
A common fact scenario that we see in criminal complaints is the "lookout." The defendant usually sits in a car or stands at the entrance to a building being burglarized while his accomplices enter the building. Here is how the elements apply and must be proven beyond a reasonable doubt by the prosecution:
■ The defendant knew his alleged accomplices were going to or were committing a crime. As the facts show, the defendant knew his accomplices were entering the building to burglarize it.
n The defendant intended that his actions aid the commission of the crime. The defendant acted as the "lookout." A lookout, like one who sits in his car while his partners enter and burglarize a building, aids the commission of a crime. The lookout acts as the warning signal, alerting his partners if law enforcement, the building’s owners, or others may soon spoil the plan.
■ The defendant did not thereafter abandon his purpose and make reasonable efforts to prevent the crime. Nothing from our facts suggests that our defendant had a change of heart and tried to thwart the crime.
A similar crime is that of providing aid to an offender after a felony-level crime has been committed. This offense is "aiding an offender," a felony, and the elements are:
■ The offender committed a felony-level crime.
■ The defendant knew that the offender had committed a crime.
■ The defendant harbored, concealed, or aided the offender.
■ The defendant acted with the intent that the offender avoid or escape from arrest, trial, conviction, or punishment.
An example would be a person who is aware that someone staying in their home has a warrant out for their arrest on a felony crime. By providing food or shelter to that person, the "aider" or "harborer" could themselves be charged with felony "aiding an offender." Conceivably, a parent or other family member could be charged with this crime by permitting their own child, grandchild, sibling, or spouse to reside with them, thereby avoiding arrest. As with most such situations, the prosecutor has discretion whether to charge the assisting party.
Another similar crime is "obstructing an investigation," the elements of which are as follows:
■ The offender committed a criminal act. ("Criminal act" is defined in statute to include a list of crimes.)
■ The defendant knew or had reason to know that the offender committed the crime.
■ The defendant destroyed or concealed evidence; provided false or misleading information about the crime; received the proceeds of the crime; or obstructed the investigation or prosecution of the crime.
■ The defendant acted with intent to aid the offender.
An example would be receiving evidence of child pornography on a computer hard drive and hiding or destroying it so that the possessor of the hard drive can avoid prosecution. In a murder case, it could be destroying or cleaning the bloody clothing of the assailant or the crime scene or disposing of the murder weapon.
The moral of all this? Those who assist a criminal in the commission of a crime, in avoiding arrest, or in destroying evidence may find themselves charged with a felony and the prospect of a prison sentence if convicted.
Wright County District Court Judge Steve Halsey and other judges in the 10th District contribute occasional articles to this column. The district includes Wright County.