complicity

Complicity in criminal law refers to the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime. A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encourages the other person, or aids or attempts to aid in planning or committing the crime, or has legal duty to prevent that crime but fails to make an effort to prevent it properly.

Unlike attempt, solicitation, and conspiracy, which are crimes in and of themselves, complicity is not itself a crime but is a way of committing a crime. It also differs from an attempt, solicitation, and conspiracy in that it always depends on that crime having been completed (i.e., it is never inchoate.). Complicity does not require causation of the crime, merely participating in the commission of the crime. In cases where one is complicit because of a failure to act when one has a duty to act to prevent a crime, complicity differs from omission in that liability for complicity arises from the relationship to other perpetrators, whereas liability for omission arises from a duty relationship to the victim.