MPJI-Cr 6:00
MPJI-Cr 6:00 The defendant may be guilty of (crime) as an accomplice, even though the defendant did not personally commit the acts that constitute that crime. In order to convict the defendant of (crime) as an accomplice, the State must prove that the (crime) occurred and that the defendant, with the intent to make the crime happen, knowingly aided, counseled, commanded, or encouraged the commission of the crime, or communicated to a participant in the crime that [he] [she] was ready, willing, and able to lend support, if needed.
[A person need not be physically present at the time and place of the commission of the crime in order to act as an accomplice.]
[The mere presence of the defendant at the time and place of the commission of the crime is not enough to prove that the defendant is an accomplice. If presence at the scene of the crime is proven, that fact may be considered, along with all of the surrounding circumstances, in determining whether the defendant intended to aid a participant and communicated that willingness to a participant].
[The defendant may also be found guilty as an accomplice of (a) crime(s) that [he] [she] did not assist in or even intend to commit. In this case, in order to convict the defendant of (additional crime), the State must prove beyond a reasonable doubt that:
(1) the defendant committed the crime of (intended crime) either as the primary actor or as an accomplice;
(2) the crime of (additional crime) was committed by an accomplice; and
(3) the crime of (additional crime) was committed by an accomplice in furtherance of or during the escape from the underlying crime of (intended crime).]
It is not necessary that a defendant knew his accomplice was going to commit an additional crime. Furthermore, the defendant need not have participated in any fashion in the additional crime. In order for the State to establish accomplice liability for the additional crime, the State must prove that the defendant actually committed the planned offense, or the
defendant aided and abetted in that offense, and that the additional criminal offense not within the original plan was done in furtherance of the commission of the planned criminal offense or the escape therefrom.]