Study guide
Accomplice Liability and Parties to Crime
California Bar Exam Exam
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1 Exam Format and Core Skills
California Bar Exam Blueprint: Subjects, Components, and Recent Changes Exam Format, Scoring, and the 1390 Passing Score Essay Strategy: Issue Spotting and IRAC Core Written Skills and Timing Strategy
2 Civil Procedure
Subject Matter Jurisdiction: Federal Question, Diversity, Supplemental, Removal Personal Jurisdiction, Long-Arm, Minimum Contacts, and Service of Process Venue, Transfer, and Forum Non Conveniens The Erie Doctrine and Choice of Law Pleadings, Rule 11, Amendments, and California Demurrers / Anti-SLAPP Joinder of Claims and Parties, Impleader, Intervention, Interpleader Class Actions (Rule 23 and California) Discovery: Scope, Devices, Privilege, and Sanctions Pretrial Adjudication: Dismissals, Default, and Summary Judgment Trial, Jury, Judgment as a Matter of Law, and Post-Trial Motions Appeals, the Final Judgment Rule, and Claim/Issue Preclusion
3 Constitutional Law
Judicial Review, Justiciability, Standing, Ripeness, Mootness, and Political Questions Federal Legislative Power: Commerce, Taxing & Spending, and the Tenth and Eleventh Amendments Separation of Powers: Executive, Legislative, and Judicial Authority Federalism, Supremacy, Preemption, the Dormant Commerce Clause, and Privileges & Immunities State Action and Congressional Enforcement of the Reconstruction Amendments Procedural Due Process Substantive Due Process and Fundamental Rights Equal Protection and Levels of Scrutiny First Amendment: Speech, Press, Forums, and Association First Amendment Religion Clauses and the Takings Clause
4 Contracts
Applicable Law: Common Law vs. UCC Article 2 and Mixed Contracts Mutual Assent: Offer, Acceptance, Mailbox Rule, and UCC 2-207 Consideration, Bargained-for Exchange, and Promissory Estoppel Defenses to Formation: Capacity, Mistake, Misrepresentation, Duress, Unconscionability The Statute of Frauds Parol Evidence Rule and Contract Interpretation Conditions and Performance: Express, Constructive, and Substantial Performance Breach, Anticipatory Repudiation, and the Perfect Tender Rule Excuse of Performance: Impossibility, Impracticability, and Frustration UCC Warranties and Risk of Loss Third-Party Beneficiaries, Assignment, and Delegation Contract Remedies and UCC Buyer/Seller Remedies
5 Criminal Law and Procedure
Actus Reus, Mens Rea, Concurrence, and Causation Accomplice Liability and Parties to Crime Inchoate Crimes: Attempt, Conspiracy, and Solicitation Homicide: Murder, Manslaughter, Felony Murder, and California Degrees Other Crimes Against the Person: Assault, Battery, Kidnapping, and Sex Offenses Property and Theft Crimes: Larceny, Embezzlement, Robbery, Burglary, Arson Criminal Defenses: Insanity, Intoxication, Self-Defense, Duress, Necessity, Mistake Fourth Amendment: Searches, Seizures, Warrants, and Exceptions The Exclusionary Rule, Standing, and Fruit of the Poisonous Tree Fifth Amendment: Miranda, Self-Incrimination, and Double Jeopardy Sixth Amendment: Right to Counsel, Confrontation, Speedy Trial, and Jury Pretrial Identifications, the Eighth Amendment, and Trial Rights
6 Evidence
Relevance: Logical and Legal, Rule 403, and California Proposition 8 Policy-Based Exclusions: Subsequent Remedial Measures, Settlements, Insurance, Pleas Authentication and the Best Evidence Rule Witness Competency, Personal Knowledge, and Examination Impeachment of Witnesses Lay and Expert Opinion Testimony (Daubert and California Kelly/Sargon) Character Evidence and Other Acts (MIMIC) Habit and Methods of Proving Character Hearsay: Definition, Non-Hearsay, and Exemptions Hearsay Exceptions: Availability Immaterial (FRE 803) Hearsay Exceptions Requiring Unavailability (FRE 804) and the Confrontation Clause Privileges, Judicial Notice, and Presumptions (Federal and California)
7 Real Property
1.1 Estates in Land 1.2 Future Interests 1.3 Rule Against Perpetuities 1.4 Concurrent Ownership 1.5 Landlord-Tenant Law 1.6 Easements and Servitudes 1.7 Covenants Running with Land 1.8 Recording Acts and Title 1.9 Mortgages 1.10 Land Use Regulation Adverse Possession and Rights Incident to Ownership Land Sale Contracts, Marketable Title, and Risk of Loss Deeds, Delivery, Warranties of Title, and Fixtures
8 Torts
Intentional Torts Against the Person: Battery, Assault, False Imprisonment, IIED Intentional Torts to Property and Defenses/Privileges Negligence: Duty and the Standard of Care Negligence: Breach, Res Ipsa Loquitur, and Negligence Per Se Causation: Actual and Proximate Cause Negligence Damages and Defenses: Comparative Fault and Assumption of Risk Strict Liability: Animals and Abnormally Dangerous Activities Products Liability Private and Public Nuisance Defamation Invasion of Privacy, Misrepresentation, and Economic Torts Vicarious Liability, Joint Tortfeasors, and Immunities
9 Business Associations
Agency: Formation, Actual and Apparent Authority, and Ratification Agency: Principal/Agent Duties, Respondeat Superior, and Tort Liability General Partnerships: Formation, Rights, and Partnership Property Partnership Liability, Fiduciary Duties, Dissociation, and Dissolution Limited Partnerships, LLPs, and LLCs Corporations: Formation, Promoters, and Piercing the Corporate Veil Corporate Finance: Stock, Securities, Dividends, and Distributions Directors and Officers: Fiduciary Duties, the Business Judgment Rule, and Indemnification Shareholders, Derivative Suits, Fundamental Changes, and Federal Securities (10b-5, 16(b))
10 Community Property
General Principles, the Community Estate, and Marital Economic Community Characterization: Separate vs. Community Property and Presumptions Tracing and Commingling (Exhaustion and Direct Tracing) Transmutation and Premarital/Marital Agreements Special Assets: Businesses (Pereira/Van Camp), Goodwill, Education, Pensions, Disability Management, Control, and Spousal Fiduciary Duties Debts and Creditors' Rights Distribution at Dissolution and Death; Quasi-Community Property
11 Professional Responsibility
Regulation of the Profession, Admission, and Discipline (California Rules vs. ABA Model Rules) Competence, Diligence, Communication, and Scope of Representation Confidentiality and Its Exceptions (California vs. ABA) Conflicts of Interest: Current Clients Conflicts: Former Clients, Imputation, and Business Transactions Fees, Client Trust Accounts (IOLTA), and Safekeeping Property Duties to the Court and Third Parties: Candor, Advocacy, and Fairness Forming, Declining, and Terminating the Attorney-Client Relationship Advertising, Solicitation, and the Unauthorized Practice of Law Judicial Ethics, Reporting Misconduct, and Special Prosecutor Duties
12 Remedies
Compensatory Damages: Causation, Foreseeability, Certainty, and Mitigation Punitive, Nominal, and Liquidated Damages Restitution and Unjust Enrichment Constructive Trust and Equitable Lien Injunctions: Temporary Restraining Orders, Preliminary, and Permanent Specific Performance Reformation, Rescission, and Cancellation Equitable Defenses, Declaratory Relief, and Remedy Selection
13 Trusts
Trust Creation, Required Elements, and Types of Trusts Charitable Trusts, Cy Pres, and the Rule Against Perpetuities in Trusts Trustee Powers and Trust Administration Trustee Duties: Loyalty, Prudent Investor, and Impartiality Beneficiary Rights and Principal/Income Allocation Spendthrift, Discretionary, and Support Trusts; Creditors' Rights Modification and Termination of Trusts Breach of Trust, Remedies, and Will Substitutes (Totten, POD, Revocable Trusts)
14 Wills and Succession
Intestate Succession and California Distribution Will Execution and Formalities (Attested and Holographic; California) Testamentary Capacity, Undue Influence, Fraud, Duress, and Mistake Will Components: Integration, Incorporation, Acts of Independent Significance, and Pour-Over Revocation, Revival, and Dependent Relative Revocation Lapse, Anti-Lapse, Class Gifts, Ademption, Abatement, and Exoneration Protection of the Family: Omitted Spouse and Child, Pretermitted Heirs Will Contests, Standing, and No-Contest Clauses Probate Administration, Powers of Appointment, and Will Substitutes
15 Performance Test
The Performance Test: Task Memo, File, and Library Objective PT Products: Memos, Briefs, and Client Letters Persuasive PT Products and 90-Minute Execution
Accomplice Liability and Parties to Crime
Key Takeaways Explain This Topic AI
At common law there were four parties: principal in the first degree, principal in the second degree (present and aiding), accessory before the fact (aided but absent), and accessory after the fact; modern law merges the first three into 'principal/accomplice' tried as the perpetrator.
An accomplice must (1) aid, counsel, or encourage the principal with (2) the intent that the crime be committed — mere presence, knowledge, or even passive acquiescence is not enough.
An accomplice is liable for the planned crime AND all other crimes that are the natural and probable consequences of the planned crime (Pinkerton-style foreseeability for accomplices).
Withdrawal is a defense only if the accomplice repudiates encouragement (for encouragers) or neutralizes assistance / notifies authorities (for aiders) BEFORE the crime becomes unstoppable.
An accessory after the fact must give aid knowing a completed felony was committed, with intent to help the felon avoid arrest; this is a separate, lesser offense (e.g., obstruction), not liability for the underlying crime.
Last updated: June 2026
The common law drew sharp lines among parties to a felony. The principal in the first degree actually committed the crime. The principal in the second degree was present (actually or constructively) and aided or encouraged — the getaway driver waiting outside, or the lookout. The accessory before the fact aided or encouraged but was not present at the scene — the person who supplied the gun and the plan but stayed home. The accessory after the fact gave aid after the felony was complete, knowing of it, to help the felon escape justice.
These distinctions mattered procedurally: at common law an accessory could not be convicted before the principal, and a defect in charging the principal could free the accessory. Modern jurisdictions abolish the distinction among the first three categories. Today the principal is the one who, with the required mens rea, commits the act; everyone else who aids, abets, counsels, or encourages with intent is an accomplice and is liable to the same extent as the principal — convicted of the substantive offense itself. The accessory after the fact remains a distinct and far less serious offense.
To be an accomplice the defendant must (1) provide assistance or encouragement and (2) do so with the intent (or, in some jurisdictions, knowledge) that the principal commit the crime. The aid can be trivial — a word of encouragement, acting as a lookout, providing a tool — and need not be a but-for cause; even encouragement that the principal did not rely on suffices. But the mental element is demanding. Mere presence at the crime scene, even presence combined with knowledge that a crime is occurring and silent approval, is not enough. The classic trap: D watches a friend shoplift and says nothing — D is not an accomplice.
Contrast: D positions himself by the door to warn of approaching staff — now D is a lookout and an accomplice. Two persons cannot be convicted of a crime that by definition requires only one perpetrator if one is the necessary victim (Wharton's Rule context). Note also that a person who could not commit the substantive crime as a principal (e.g., due to a protected-class statute) generally cannot be convicted as an accomplice to it where the statute was meant to protect that class.
The scope rule is heavily tested. An accomplice is guilty of the crime he intended to assist and of any additional crimes that are a natural and probable (foreseeable) consequence of that crime. If D drives the getaway car for an armed robbery and the principal shoots a resisting clerk, D is liable for the robbery and for the killing, because a killing is a foreseeable consequence of armed robbery.
California follows this 'natural and probable consequences' doctrine but has narrowed it dramatically for murder: under Senate Bill 1437 (effective 2019), a person can no longer be convicted of murder under the natural-and-probable-consequences theory; the prosecution must prove the accomplice acted with malice or was a major participant who acted with reckless indifference to human life (this is covered in the homicide and felony-murder sections).
Withdrawal terminates accomplice liability if it occurs before the crime is committed and is effective: an encourager must communicate a repudiation; an aider must do everything possible to neutralize the assistance (retrieve the tool, undo the act) or give timely notice to law enforcement. A mere change of heart that is not communicated or made effective is not a withdrawal.
The accessory after the fact stands apart from accomplice liability and is tested as its own offense. Its elements are (1) a completed felony by the principal, (2) the accessory's knowledge that the felony was committed, and (3) the giving of assistance to the felon with the intent to help him avoid arrest, trial, or punishment. Because the felony is already complete, the accessory is not liable for the underlying crime; instead, California charges this conduct under Penal Code section 32 as a distinct, lesser offense punishable as a wobbler.
A spouse who hides a fleeing felon is not exempt under modern California law, though jurisdictions vary. Distinguish the related but separate crimes of obstruction of justice and harboring. A recurring trap pairs the accessory-after-the-fact question with a failure-to-report fact pattern: merely failing to report a known felony (misprision at common law) is generally not a crime today and never makes one an accomplice; affirmative aid to the felon is required. The mens rea standard for accomplices themselves generates another trap.
Most jurisdictions and California require true intent that the crime be committed, so a supplier who sells ordinary goods knowing they might be misused is usually not an accomplice absent a stake in the venture or intent to further it; mere knowledge of the buyer's plan is generally insufficient, although a few courts treat knowledge as enough for serious crimes. The MPC requires the purpose of promoting or facilitating the offense, aligning with the intent approach.
California's most consequential modern reform reshapes the natural-and-probable-consequences doctrine for homicide: Senate Bill 1437 (2019), codified in Penal Code sections 188 and 189, abolished the natural-and-probable-consequences theory and the old felony-murder rule as bases for convicting an aider and abettor of murder. After SB 1437 an accomplice can be convicted of murder only if he acted with the intent to kill (express or implied malice as a direct aider and abettor) or was a major participant in an underlying felony who acted with reckless indifference to human life under the Banks and Clark standard.
The 2021 amendment in Senate Bill 775 extended the same relief to attempted murder and to manslaughter convictions obtained on the abolished theories, and created a resentencing petition process. A final trap: the natural-and-probable-consequences doctrine survives in California for non-homicide target crimes, so an accomplice to a robbery can still be liable for a foreseeable assault even though that same theory can no longer reach murder. Always separate the target crime, the foreseeable additional crimes, and — if a death occurred — the SB 1437 overlay before assigning accomplice liability.
Parties to Crime: Common Law vs. Modern
- Party Common-Law Definition Modern Treatment Liable For
- Principal 1st degree Personally commits the act Principal Substantive crime
- Principal 2nd degree Present, aids/encourages Accomplice Substantive crime + foreseeable crimes
- Accessory before fact Aids/encourages, absent Accomplice Substantive crime + foreseeable crimes
Accessory after fact Aids known felon to escape after the fact Separate, lesser offense Obstruction-type crime only