Legal Definitions - Principal in the second degree

A Principal in the second degree refers to an individual who is physically present at the scene of a crime and actively helps, supports, or encourages the person committing the main criminal act, with the specific intention that the crime be carried out. This person is not the primary perpetrator but plays a crucial role in the crime's execution through their direct presence and assistance.

Here are some examples to illustrate this concept:

• Example 1: The Lookout

  Imagine two individuals, Jake and Lisa, planning to break into a warehouse to steal electronics. Jake is the one who forces entry and gathers the items inside. Lisa, however, stands outside the warehouse door, acting as a lookout. She uses a two-way radio to alert Jake if anyone approaches, ensuring he can complete the theft without interruption. Lisa is present at the scene, actively aiding the crime by providing security and warning, and she clearly intends for the theft to succeed.

• Example 2: The Getaway Driver

  Consider a scenario where Emily drives her friend, Ben, to a convenience store. Ben goes inside and robs the cashier at gunpoint. Emily remains in the running car just outside the store, ready to speed away with Ben as soon as he exits. Emily is present at the scene (in the getaway vehicle, directly facilitating the escape). She aids the commission of the robbery by providing the means of escape, and her intent is clearly for the robbery to be completed successfully.

• Example 3: Encouraging an Assault

  During a heated argument at a bar, Mark begins to physically assault another patron. His friend, David, stands nearby, shouting phrases like "Finish him!" and "Don't let him get away!" David also subtly blocks other patrons from intervening in the fight. David is present at the scene of the assault. He encourages Mark's actions through his shouts and aids him by preventing interference, demonstrating his intent for the assault to continue and succeed.