Questions frequently arise about the requirements to charge the various types of general crimes like attempt, conspiracy, and accessory. A related question is whether the theory of liability, such as acting in concert or aiding and abetting, must be specifically pled. For defenders new to felony work, it can come as an unwelcome surprise to discover the jury is being instructed on an unexpected theory not identified in the pleading. This post lays out the basics for pleading general crimes and theories of liability of participants in the crime and links to the jury instructions for each.
When a person over 16, using a computer or other electronic device, and with the “intent to commit an unlawful sex act, entices, advises, coerces, orders, or commands” a person under 16 and at least five years younger than the first person to meet for the purpose of committing an unlawful sex act, the first … Read more