Accomplice Liability
In Arkansas, an accomplice is liable for murder even if they were not the one who actually killed the person.
A person is criminally liable for the conduct of another person when:
- They are an accomplice in the commission of an offense;
- They cause another person to engage in criminal conduct; or
- They are otherwise made criminally liable by statute.
An accomplice is treated as a principal offender and may be prosecuted and punished for the crime even if they did not personally commit every act constituting the offense.
When a Person Is an Accomplice
A person is an accomplice if, with the purpose of promoting or facilitating the commission of an offense, the person:
Solicits, advises, encourages, or coerces another person to commit the offense;
Aids, agrees to aid, or attempts to aid another person in planning or committing the offense; or
Has a legal duty to prevent the offense and fails to make a proper effort to do so.
The key requirement is that the defendant must act with the purpose of helping or encouraging the crime.
Mere Presence Is Not Enough
Arkansas courts have repeatedly held that:
- Mere presence at the scene of a crime is not sufficient to establish accomplice liability.
- Mere knowledge that a crime is being committed is generally not enough.
- Mere association with the offender is generally not enough.
However, presence, companionship, and conduct before, during, and after the offense may be considered along with other evidence when determining whether a person intentionally assisted or encouraged the crime.
Accomplice Liability in Murder Cases
A person may be convicted of murder as an accomplice if the prosecution proves that the person intentionally assisted or encouraged the conduct that resulted in death and possessed the required mental state for the offense.
Examples may include:
Accomplice Liability and Felony Murder
In capital murder and first-degree murder felony-murder cases, accomplice liability can be particularly significant because participants in the underlying felony may be held responsible for a death caused during the commission of that felony.
In plain English
Under Arkansas law, a person can be convicted as an accomplice when they intentionally help, encourage, plan, or facilitate another person's crime. The law does not require the accomplice to personally commit the criminal act.
However, simply being present, knowing about the crime, or associating with the offender is not enough. The prosecution must prove that the defendant purposely aided or encouraged the offense and possessed the mental state required for the crime charged.
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