__________________________________________Ask the DA
 

My son and his best friend were together on Halloween night, and both were arrested for damaging some property.  According to my son, his friend was throwing eggs at store windows, and one of the windows broke as a result.  Why is my son in trouble if he isn’t the person responsible for breaking the window?

Your question raises the issue of under what circumstances one person may be held criminally liable for the conduct of another.  The law is clear.  Article 20, Section 20.00 of the Penal Law defines Criminal Liability for the Conduct of Another as follows:  When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct.

Simply stated, a person is criminally liable for another person’s conduct when he or she helps the other person to commit an offense.  This includes asking, requesting, commanding, or intentionally aiding that person to engage in the conduct.  It is important to recognize that persons who “act in concert” to engage in criminal acts are held accountable to the same degree under the law. In other words, the law does not deem your son’s friend (who actually broke the window) more culpable than your son, who may have done no more than “egged on” his friend to engage in the conduct.  Both parties would be held equally accountable under our legal system.

The concept of “acting in concert” is one of the most important legal lessons for young people to learn about.  Most youngsters would conclude that, in the scenario posed by your question, the only guilty party is your son’s friend.  However, if your son helped to engage in the activity which resulted in the property damage in any way, then he is equally responsible under the law. 

It is important to note, however, that mere presence at the site of a crime is not sufficient evidence to charge an individual with the commission of that crime.

For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.