In Georgia (My home state) there is a statute in the law called Party to a Crime, and this law is one that we all should be familiar with, it could affect or alter your life in many ways! In simple terms, it means that if you are with someone that committees a crime, and you didn’t know that that person was going to break the law, you could be charged with whatever crime that person did. Let’s use as an example that your son or daughter is with one of their friends, and they decide to go to the mall. At the mall your son or daughter’s friend shoplifted and your kid was unaware of the shoplifting but the friend was caught, all of them could be charged with shoplifting.
This is how party to a crime is defined in the Georgia Statue which is coming from The Code, a reference guide to Georgia criminal and traffic law.
Party To A Crime
Every person concerned in the commission of a crime is a party thereto. OCGA 16-2-20(a)
Concerned in the commission of a crime” only if he: (1) directly commits a crime, (2)intentionally causes some other person to commit a crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity, (3) intentionally aids or abets in the commission of the crime, or (4) intentionally advises, encourages, hires, counsels, or procures another to commit the crime. Id. at (b).
Any party who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime.OCGA 16-2-21; White, 257 Ga. 236 (1987)(however the acquittal of the principal is relevant if charged under subsection (b)(3) or (b)(4). 16-2-21 does not require that one who is a party be indicted as a party. Byrum 282 Ga. 608(2007)
This is accessory before the fact: whereas, accessory after the fact is a separate, substantive offense in the nature of an obstruction of justice. State vs. Freeman, 272 Ga. 813 (2000) (e.g. hindering apprehension).
“Abet” means to encourage, incite, or help; and “Aid” means to give help or assistance to. In the interest of J.Q.W., 288 Ga. App. 444 (2007). If a defendant had knowledge of an intended crime and shared in the criminal intent of the principal actor, he is an aider and abetter. Hence, if the defendant was at the scene and did not disapprove or oppose the commission of the offense, a trier of fact may consider such conduct in connection with prior knowledge and would be authorized to conclude the defendant assented to the commission of the offense, that he lent his approval, thereby aiding App. and abetting the commission of the crime. Ratana, 297 Ga. App. 747 (2009) (driving a criminal perpetrator away from a crime scene with knowledge that he has committed the crime, alone, is insufficient); compare Johnson, 299 Ga. App. 706 (2009) (where a getaway driver waited for his co-defendant to return to the car, the driver was guilty as a party there to).
There is more to this statute, and since I’m not an attorney, I suggest that you contact an attorney for more about this law.
During my many years of investigating, I found that most people, especially young adults are surprised by this law. Our purpose is to inspire, inform, encourage, and empower others so please give us a thumbs-up, like, a share, and also subscribe.
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