A person is an accomplice of another person in the commission of a crime when, with the purpose of promoting or facilitating the
commission of the crime, he does one of several things. He either solicits the other person to commit the crime, and/or aids, agrees or attempts to aid such
other person in planning or committing the crime. State v JACKMON 305 N.J. Super. 274. (App. Div. 1997)
Liability for conduct of
a. A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he
is legally accountable, or both.?
b. A person is legally accountable for the conduct of another person when: (1) Acting with the kind of culpability
that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; (2) He is made accountable for
the conduct of such other person by the code or by the law defining the offense; (3) He is an accomplice of such other person in the commission of an
offense; or (4) He is engaged in a conspiracy with such other person.?
c. A person is an accomplice of another person in the commission of an offense
if: (1) With the purpose of promoting or facilitating the commission of the offense; he (a) Solicits such other person to commit it; (b) Aids or agrees or
attempts to aid such other person in planning or committing it; or (c) Having a legal duty to prevent the commission of the offense, fails to make proper
effort so to do; or (2) His conduct is expressly declared by law to establish his complicity.
d. A person who is legally incapable of committing a
particular offense himself may be guilty thereof if it is committed by another person for whose conduct he is legally accountable, unless such liability is
inconsistent with the purpose of the provision establishing his incapacity.?
e. Unless otherwise provided by the code or by the law defining the
offense, a person is not an accomplice in an offense committed by another person if: (1) He is a victim of that offense; (2) The offense is so defined that
his conduct is inevitably incident to its commission; or (3) He terminates his complicity under circumstances manifesting a complete and voluntary
renunciation as defined in section 2C:5-1 d. prior to the commission of the offense. Termination by renunciation is an affirmative defense which the
defendant must prove by a preponderance of evidence.
f. An accomplice may be convicted on proof of the commission of the offense and of his complicity
therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree
of offense or has an immunity to prosecution or conviction or has been acquitted.