Accomplice Liability in Arkansas Murder Cases
Ark. Code Ann. § 5-2-403
You can be charged with murder for what someone else did. Here's how Arkansas law works — and how we fight back.
Criminal Liability for the Conduct of Another
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
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.
They are otherwise made criminally liable by statute.
The Standard
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;
The key requirement is that the defendant must act with the purpose of helping or encouraging the crime.
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.
Mere Presence Is Not Enough
Critical Limits
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
Application
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.
Acting as a lookout during a planned killing.
Providing a weapon while intending to facilitate the murder.
Luring a victim to a location knowing and intending that the victim be killed.
Participating in a felony that results in a death under a felony-murder theory.
High-Stakes Overlap
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.
Short Version
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.
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.
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