New Jersey Section 2C:2-6 – Liability for conduct of another; complicity
New Jersey Law on Accomplice Liability and Criminal Complicity
New Jersey law allows for a person to be held criminally liable for offenses committed by another person in certain circumstances. Section 2C:2-6 of the New Jersey Code of Criminal Justice outlines the state’s law on accomplice liability and criminal complicity.
Overview of Accomplice Liability
Under 2C:2-6, a person can be found guilty of an offense if it is committed by their own conduct or by the conduct of another person for whom they are legally accountable. This means that in New Jersey, you can be held criminally responsible not only for your own actions, but also for the actions of another person if you were somehow involved in the commission of their crime.There are a few ways that accomplice liability can attach under 2C:2-6:
- You solicit, aid, agree to aid, or attempt to aid another person in planning or committing an offense. This makes you an “accomplice” in the crime.
- You have a legal duty to prevent the commission of an offense, but you fail to make proper effort to do so. Parents, for example, have a duty to prevent their children from committing crimes.
- Your conduct is declared by law to establish your complicity in an offense. There are certain statutes that specifically outline accomplice liability.
- You engage in a conspiracy with another person to commit an offense. Conspiracy itself is a separate crime under 2C:5-2.
In any of these circumstances, you can face the same criminal charges and penalties as the person who actually committed the crime. The prosecution does not have to prove that you directly committed the criminal acts yourself.
Requirements for Accomplice Liability
Here are some additional key points about accomplice liability in New Jersey:
- For accomplice liability to attach, the accomplice must act with the purpose of promoting or facilitating the commission of the underlying offense. It is not enough to merely have knowledge that the crime is going to occur.
- Mere presence at the scene of a crime does not make someone an accomplice. However, presence at the scene can be considered along with other evidence in determining accomplice status.
- An accomplice can be found guilty even if the principal actor has not been prosecuted or convicted, has been convicted of a different crime, or has been acquitted.
- There are certain defenses that can apply to accomplice liability, such as termination – completely and voluntarily withdrawing from participation in the crime before it occurs.
- The prosecution does not have to provide direct evidence of a formal plan between accomplices. Proof of accomplice liability can be based on circumstantial evidence.
- Parents and others with a legal duty to prevent a crime can be liable as accomplices if they fail to make proper effort to prevent the crime.
- Those who assist a criminal after the fact, such as helping them escape or hiding stolen assets, may be liable as an accessory rather than an accomplice.
In summary, New Jersey law allows for broad accomplice liability, but there are certain limitations and defenses that apply. Anyone charged under a theory of accomplice liability should consult with a criminal defense attorney to explore the options for defense.