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18 U.S.C. § 2
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The first provision one finds in Title 18 of the United
States Code regards accessories to crime. Title 18, United
States Code § 2 now provides:
(a) Whoever commits an offense against the United States
or aids, abets, counsels, commands, induces or procures its
commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if
directly performed by him or another would be an offense against
the United States, is punishable as a principal.
Aider and abettor liability is distinct from accessory after
the fact under 18 U.S.C. § 3. United States v.
James, 998 F.2d 74, 80 (2d Cir.), cert. denied, 510
U.S. 958, 114 S.Ct. 415, 126 L.Ed.2d 362 (1993). An aider and
abettor, unlike an accessory after the fact, is punishable as a
principal. Id.
[updated October 1998] | |