Case 1:04-cr-00103-REB-MEH
Document 1096-30
Filed 03/30/2007
Page 1 of 1
INSTRUCTION NO. G-29 Sometimes jurors have difficulty understanding the legal difference between the criminal offenses of "conspiracy" and "aiding and abetting." "Conspiracy" depends and is based on any agreement, unspoken or expressed, whether carried over into a conspiratorial act or not; whereas "aiding and abetting" depends on a showing of conscious participation in a criminal act, i.e., knowingly assisting in the performance of the criminal act charged. It is the element of "agreement" that distinguishes conspiracy from aiding and abetting.
Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.19 (2005) (Use Note).