Source or Prior Law:

21-105.

Cross References to Related Sections:

Prosecutions for assisting another to commit crime or avoid prosecution, see 22-2607.

Statement in judgment form if section applies, see 21-4620.

Law Review and Bar Journal References:

Mandatory minimum terms for crimes involving firearms, 26 K.L.R. 277, 282 (1978).

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 433, 434 (1979).

"Criminal Law: Marshaling the Defense—Indigent Defendants Guaranteed Psychiatric Assistance at Trial to Explain Battered Woman Syndrome [Dunn v. Roberts, 963 F.2d 308 (10 th Cir. 1992)]," Teresa Herdman, 32 W.L.J. 249, 252, 257 (1993).

Attorney General's Opinions:

Discussion of statute prohibiting a local official from using official authority to influence decisions of lottery review board. 2008-18.

CASE ANNOTATIONS

1. Construed; no change in degree of proof of intent necessary to establish criminal responsibility from previous statute. State v. Edwards, 209 Kan. 681, 682, 683, 685, 686, 687, 498 P.2d 48.

2. Failure to give aiding and abetting instruction not error in prosecution for taking indecent liberties with a child. State v. Ingram, 211 Kan. 587, 589, 506 P.2d 1148.

3. Conviction under K.S.A. 21-3427; instruction hereunder held not improper. State v. White, 211 Kan. 862, 864, 508 P.2d 842.

4. Conviction hereunder and under K.S.A. 21-3805; record examined; no reversible error. State v. Craig, 215 Kan. 381, 386, 524 P.2d 679.

5. Applied; party charged with first degree murder; conviction of second degree; no reversible error. State v. Carpenter, 215 Kan. 573, 574, 527 P.2d 1333.

6. Instruction under section on liability proper; defendant charges as principal; conviction of aggravated robbery sustained. State v. Ritson, 215 Kan. 742, 748, 529 P.2d 90.

7. Subsection (3) applied; theft conviction; instruction on aiding and abetting not erroneous. State v. Norwood, 217 Kan. 150, 157, 535 P.2d 996.

8. Applied; evidence sufficient to support conviction of murder while perpetrating crime of aggravated robbery. State v. Bey, 217 Kan. 251, 260, 535 P.2d 881.

9. Failure to mention words "knowingly" or "intentionally" in instructions on aggravated robbery did not warrant new trial; considered as whole. State v. Irving, 217 Kan. 735, 738, 538 P.2d 670.

10. Mentioned in holding no error in instruction given in substantial language of statute. State v. Sully, 219 Kan. 222, 227, 547 P.2d 344.

11. Applied; conviction of burglary upheld. State v. Motor, 220 Kan. 99, 102, 551 P.2d 783.

12. Failure to include word "intentionally" in instructing on aiding and abetting in marijuana sale not reversible error. State v. Griffin, 221 Kan. 83, 86, 87, 558 P.2d 90.

13. Defendant properly charged as principal even though only aiding and abetting in the crime; instructions proper; aggravated battery conviction affirmed. State v. Smolin, 221 Kan. 149, 152, 557 P.2d 1241.

14. Conviction of burglary and felony theft affirmed; evidence sufficient to support conviction; intent presumed. State v. Wilson & Wentworth, 221 Kan. 359, 366, 559 P.2d 374.

15. Term "procure" defined; instruction not confusing; conviction affirmed. State v. Thornton, 224 Kan. 127, 129, 577 P.2d 1190.

16. Failure of candidate to remit contributions to treasurer not aiding and abetting violation of Campaign Finance Act. State v. Doyen, 224 Kan. 482, 490, 580 P.2d 1351.

17. Conviction affirmed; K.S.A. 60-447a construed and applied. In re Nichols, 2 Kan. App. 2d 431, 436, 580 P.2d 1370.

18. Instruction on aiding and abetting not erroneous; person aided and abetted was active, voluntary participant; no compulsion shown. State v. Words, 226 Kan. 59, 65, 596 P.2d 129.

19. First degree murder conviction; no error in refusal of trial court to instruct on unforeseeability. State v. Giddings, 226 Kan. 110, 112, 113, 595 P.2d 1115.

20. Evidence sufficient to support conviction for attempted aggravated robbery. State v. Thompson, 3 Kan. App. 2d 426, 432, 596 P.2d 174.

21. Conviction of aggravated battery reversed; not reasonably foreseeable as a probable consequence of committing misdemeanor theft. State v. Davis, 4 Kan. App. 2d 210, 213, 604 P.2d 68.

22. Voluntary intoxication may indicate an absence of the required intent and be a defense as to aiding and abetting a general intent crime (aggravated robbery). State v. McDaniel & Owens, 228 Kan. 172, 178, 179, 612 P.2d 1231.

23. Not error to give instruction hereunder when defendant charged as principal. State v. Bryant, 228 Kan. 239, 245, 613 P.2d 1348.

24. Disclosure of identity of informant lies within sound discretion of the court; defendant must show that informant has information that is material and relevant. State v. Cohen, 229 Kan. 65, 622 P.2d 1002.

25. A person found guilty as an aider and abettor is equally guilty as a person found principally liable; conviction affirmed. State v. Peyton, 229 Kan. 106, 115, 622 P.2d 651.

26. Attempted aggravated sodomy, aiding and abetting aggravated sodomy discussed; robbery incidental thereto. State v. Robinson, Lloyd & Clark, 229 Kan. 301, 302, 624 P.2d 964.

27. Conviction of aggravated robbery; jury instruction for simple robbery not required when evidence is uncontroverted that robbery was accomplished with gun. State v. Johnson & Underwood, 230 Kan. 309, 311, 634 P.2d 1095 (1981).

28. Validity of instructions given in compliance with section considered. State v. Waufle, 9 Kan. App. 2d 68, 73, 673 P.2d 109 (1983).

29. Conspiracy (K.S.A. 21-3302) and aiding and abetting separate and distinct offenses. State v. Hobson, 234 Kan. 133, 134, 137, 671 P.2d 1365 (1983).

30. Cited in opinion discussing in detail separate trials, use of interpreters and aiding and abetting. State v. Pham, 234 Kan. 649, 666, 675 P.2d 848 (1984).

31. Sufficiency of evidence to support aiding and abetting aggravated robbery (K.S.A. 21-3427) discussed. State v. Burton, 235 Kan. 472, 681 P.2d 646 (1984).

32. Probable cause at preliminary hearing connotes considerably less proof than may be required at trial. State v. Huff, 235 Kan. 637, 639, 681 P.2d 656 (1984).

33. Certificate to practice law voluntarily surrendered; disbarred following conviction hereof and exhaustion of appeals. In re Wiswell, 236 Kan. 311, 691 P.2d 391 (1984).

34. Dismissing complaint following preliminary hearing proper where defendant mere associate not willfully furthering the success of the venture. State v. Green, 237 Kan. 146, 149, 697 P.2d 1305 (1985).

35. Issue concerning level of intoxication was question for trier of fact. State v. Falke, 237 Kan. 668, 683, 684, 703 P.2d 1362 (1985).

36. Proof specific person is principal, not element, of aiding and abetting, nor is it essential identity be established. State v. Gardner, 10 Kan. App. 2d 408, 417, 701 P.2d 703 (1985).

37. Conviction hereunder; aiding and abetting the making of false writing by delivery, consolidation for trial, venue discussed. State v. Reineking, 10 Kan. App. 2d 630, 631, 706 P.2d 483 (1985).

38. Term "aid and abet" defined by case law and statute and is commonly understood term; additional specificity not required in information. State v. Bird, 238 Kan. 160, 167, 708 P.2d 946 (1985).

39. Prosecution of one participant while another goes free does not invalidate underlying statute nor violate public policy. State v. Baker, 11 Kan. App. 2d 4, 12, 711 P.2d 759 (1985).

40. One who counsels, aids or abets in commission of crime may be charged, tried and convicted as principal. State v. Hicks, 11 Kan. App. 2d 76, 82, 714 P.2d 105 (1986).

41. Statute language shows legislative intent enabling accessories, abettors and others named to be charged and convicted as principals. State v. Kliewer, 210 Kan. 820, 823, 824, 504 P.2d 580 (1972).

42. Subsection (a)(2)(c) cited; differences between K.S.A. 22-3504, 60-1507 examined; participant in felony murder cannot be aider and abettor. State v. Thomas, 239 Kan. 457, 458, 462, 720 P.2d 1059 (1986).

43. Cited by dissent; different methods or means of committing crime as opposed to capacity in which defendant acted examined. State v. Jones, 242 Kan. 385, 399, 748 P.2d 839 (1988).

44. Sufficiency of evidence to convict of aiding and abetting examined. State v. Dunn, 243 Kan. 414, 429, 758 P.2d 718 (1988).

45. Instruction on aiding and abetting, sufficiency of evidence thereof examined. State v. Buckland, 245 Kan. 132, 139, 777 P.2d 745 (1989).

46. Involuntary manslaughter (K.S.A. 21-3404) not a lesser included crime (K.S.A. 21-3107) of aiding and abetting second degree murder (K.S.A. 21-3402). State v. Burgess, 245 Kan. 481, 484, 781 P.2d 694 (1989).

47. Evidence arising from "reverse sting" drug operation sufficient to establish probable cause for violations of (1) herein and K.S.A. 65-4127b(e) examined. State v. Starks, 249 Kan. 516, 820 P.2d 1243 (1991).

48. State is not estopped from charging co-defendant as aider and abettor because other co-defendant pled guilty to aiding and abetting. In re J.W.S., 250 Kan. 65, 67, 825 P.2d 125 (1992).

49. Charges filed hereunder and under K.S.A. 21-3303, criminal solicitation, not multiplicitous nor merged; each crime involves different elements. State v. Edwards, 250 Kan. 320, 330, 826 P.2d 1355 (1992).

50. Mere association with principal in commission of crime insufficient to establish guilt hereunder; evidence of knowing association with unlawful venture sufficient for jury. State v. Scott, 250 Kan. 350, 360, 827 P.2d 733 (1992).

51. Sufficiency of evidence of participation in crime of aggravated criminal sodomy examined. State v. Bailey, 251 Kan. 156, 163, 834 P.2d 342 (1992).

52. Conspirator can be held vicariously liable for substantive offenses of coconspirators committed during and in furtherance of conspiracy. State v. Tyler, 251 Kan. 616, 635, 636, 840 P.2d 413 (1992).

53. Conviction of aiding and abetting aggravated criminal sodomy examined where principal convicted of attempted aggravated criminal sodomy. State v. Walker, 252 Kan. 117, 137, 843 P.2d 203 (1992).

54. Circumstances justifying instruction on lesser included offense of aiding and abetting aggravated robbery examined. State v. Warren, 252 Kan. 169, 172, 843 P.2d 224 (1992).

55. Cited in finding probable cause that aiding and abetting in the sale of drugs was present. State v. Chapman, 252 Kan. 606, 611, 847 P.2d 1247 (1993).

56. Whether evidence sufficient to support habeas petitioner's conviction for aiding and abetting felony-murder and robbery examined. Kelly v. Roberts, 998 F.2d 802, 808 (1993).

57. Whether voluntary intoxication made rape unforeseeable to defendant convicted of aiding and abetting examined. State v. Pratt, 255 Kan. 767, 771, 876 P.2d 1390 (1994).

58. Whether evidence sufficient to prove codefendant intentionally aided and abetted aggravated robbery examined. State v. Houdyshell, 20 Kan. App. 2d 90, 92, 884 P.2d 437 (1994).

59. Whether a person can be convicted as an aider and abettor of crime person could not be convicted of as principal examined. State v. McMullen, 20 Kan. App. 2d 985, 987, 894 P.2d 251 (1995).

60. Aider and abettor liability alone is not sufficient basis for sentence departure. State v. Cox, 258 Kan. 557, 576, 908 P.2d 603 (1995).

61. Under facts, solicitation to commit first degree murder is not a lesser included offense of aiding and abetting first-degree murder. State v. DePriest, 258 Kan. 596, 604, 907 P.2d 868 (1995).

62. Trial court erred in dismissing complaint against participant in gun fight in which victim was shot by other participant. State v. Garza, 259 Kan. 826, 828, 830, 916 P.2d 9 (1996).

63. Evidence sufficient to prove defendant aided and abetted in felony murder case. State v. Kaiser, 260 Kan. 235, 241, 247, 918 P.2d 629 (1996).

64. Requires proof of specific intent; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 782, 922 P.2d 1123 (1996).

65. Trial court failure to instruct jury on lesser included offense of criminal damage to property affirmed. State v. Timley, 25 Kan. App. 2d 779, 786, 975 P.2d 264 (1998).

66. No abuse of judicial discretion in denial of defendant's motion to withdraw plea of nolo contendere to second-degree murder, but court should be informed of "package deal" involving another defendant. State v. Bey, 270 Kan. 544, 17 P.3d 322 (2001).

67. Convictions reversed because of ineffective trial counsel. State v. James, 31 Kan. App. 2d 548, 67 P.3d 857 (2003).

68. Aider and abettor of inherently dangerous felony does not need to be physically present when crime is committed to be guilty of felony murder. State v. Gleason, 277 Kan. 624, 88 P.3d 218 (2004).

69. Felony-murder rule applies when victim's death occurs within the res gestae of the underlying felony. State v. Jackson, 280 Kan. 541, 124 P.3d 460 (2005).

70. Distinction between liability for crimes of another and the crime of conspiracy (K.S.A. 21-3302) discussed. State v. Simmons, 282 Kan. 728, 735, 148 P.3d 525 (2006).

71. Sufficiently significant circumstances and evidence existed for rational factfinder to find defendant guilty of charges. State v. Moody, 35 Kan. App. 2d 547, 554, 555, 556, 132 P.3d 985 (2006).

72. Liability of aider discussed for other crimes "committed in pursuance of the intended crime." State v. Stout, 37 Kan. App. 2d 510, 514, 515, 154 P.3d 1176 (2007).

73. Cited in discussion of when a person is criminally responsible for the acts of another. State v. Spangler, 38 Kan. App. 2d 817, 830, 173 P.3d 656 (2008).

74. Mentioned in case involving alleged improper jury instructions regarding aiding and abetting; no error found. State v. Bryant, 285 Kan. 970, 983, 179 P.3d 1122 (2008).

75. Conviction for felony murder upheld even though defendant acquitted of underlying felony. State v. Herron, 286 Kan. 959, 967, 189 P.3d 1173 (2008).

76. Cited; prosecutor's use of sports analogy to explain aiding and abetting not considered misconduct. State v. Baker, 287 Kan. 345, 366, 197 P.3d 421 (2008).

77. Person guilty of aiding and abetting premeditated first-degree murder must be found to have premeditation to murder. State v. Overstreet, 288 Kan. 1, 200 P.3d 427 (2009).

78. Rule of liability of aiding and abetting does not depend on or create alternative means of committing a crime. State v. Boyd, 46 Kan. App. 2d 945, 268 P.3d 1210 (2011).

79. The elements of aiding and abetting first-degree premeditated murder and capital murder based on murder for hire are not identical. State v. Robinson, 293 Kan. 1002, 270 P.3d 1183 (2012).

80. Aiding and abetting statute does not create an alternative means for committing criminal damage to property, thereby defendant was not deprived of his right to jury by unanimity. State v. Snover, 48 Kan. App. 2d 298, 287 P.3d 943 (2012).

81. Former aiding and abetting statute did not create an alternative means for committing aggravated robbery. State v. Jackson, 49 Kan. App. 2d 116, 305 P.3d 685 (2013).

82. Aiding and abetting does not constitute a separate and distinct crime and, therefore, does not have to be charged separately prior to trial. State v. Brown, 299 Kan. 1021, 1033-34, 327 P.3d 1002 (2014).

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