Before the Fact

Accessory Before the Fact: a person who intentionally assists or encourages the principal in committing the crime but is not present at the scene.

  • Treated as an accomplice—equal liability with the principal.
  • Common examples: planner who organizes the heist but does not attend; lender of weapons; person who hires another to do the act.
  • Mens rea: intent to assist/encourage + intent that the principal commit the crime + mens rea of the underlying offense.
  • Modern statutes generally collapse this category into general accomplice liability.