Most people have heard terms like “aiding and abetting” and “accessory after the fact” that refer to actions by people who helped someone commit a crime or evade accountability but didn’t directly participate in the criminal offense. Tennessee law refers to “guilt by association” and the criminal responsibility that carries.
This summer, Tennessee law was amended to limit the instances in which a person can be charged with a crime even if they are “guilty by association.”
Previously, a person could be held “criminally responsible for an offense committed by the conduct of another” if that person helps in any way. A common example is someone who drives a “getaway car” for a person who has committed a robbery or other crime.
Did someone benefit from a crime?
Under the revised law, prosecutors must prove that someone didn’t just provide assistance before, during or after a crime. They must have expected to receive some benefit from the proceeds or results of the offense – for example, to get a share of the proceeds of a robbery.
Tennessee lawmakers, who unanimously passed the legislation, noted that too many people unknowingly get caught up in someone else’s criminal activity and end up with a criminal record because of it. For example, someone may lend their car to a friend without realizing that they intend to use it to commit a crime.
Addressing “facilitation of a felony”
The law was further amended to limit when people can be held criminally responsible for the “facilitation of a felony.” For example, say a person was the getaway driver for a planned robbery. Things went awry during the robbery and a store employee was killed.
They previously could be charged with facilitating that killing even if they weren’t in the store or even knew what occurred when they drove the perpetrator away from the scene. That’s no longer the case.
That changes in the law are important because they help prevent people from paying a high price for unwittingly being part of someone else’s criminal activity. It doesn’t, however, mean that there won’t be consequences for knowing having some involvement in a crime.
The circumstances and intent have to be carefully investigated in each case. This is where getting experienced legal guidance as early as possible can make all the difference.