Topeka, KS asked in Criminal Law for Kansas

Q: What is considered aiding abetting or accessory?

This 16yr old boy gets a ride from his older sister,upon getting out he takes a bag full of guns. she does nothing to retrieve them from him. He ends up killing someone with one of these guns. would that fall under this category?

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1 Lawyer Answer
Joseph Abrams
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  • Criminal Law Lawyer
  • Orange, CA

A: Based on the limited facts presented in the question, this is highly unlikely to meet the definition of aiding and abetting or accessory. There must be some knowledge and/or voluntary participation in the crime. If the sister's only "involvement" is seeing the boy take the guns, and the sister further has no "knowledge" of his intent to harm someone, she cannot said to have aided and abetted the crime or have been an accessory to the crime.

Tim Akpinar agrees with this answer

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