Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1096-29

Filed 03/30/2007

Page 1 of 1

INSTRUCTION NO. G-28 AID AND ABET 18 U.S.C. § 2(A) Each count of the indictment also charges a violation of 18 U.S.C. Section 2, which provides that: "Whoever commits an offense against the United States, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal." This law makes it a crime to intentionally help someone else commit a crime. To find the defendant whose case you are considering guilty of this crime, you must be convinced that the government has proved each of the following beyond a reasonable doubt: First: someone else committed the charged crime, and Second: the defendant intentionally associated himself in some way with the crime and intentionally participated in it as he would in something he wished to bring about. This means that the government must prove that the defendant consciously shared the other person's knowledge of the underlying criminal act and intended to help him. The defendant need not perform the underlying criminal act, be present when it is performed, or be aware of the details of its commission to be guilty of aiding and abetting. But a general suspicion that an unlawful act may occur or that something criminal is happening is not enough. Mere presence at the scene of a crime and knowledge that a crime is being committed are also not sufficient to establish aiding and abetting.

Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.06 (2005).