Posted: May 18th, 2017

Ellen intended to help Jason commit a burglary. Low on cash, she agreed to drive him to the house of his choice in exchange for a cut of the proceeds. Ellen drove and Jason went into the house and returned to the car about 30 minutes later with some goods from the house. Later, Ellen discovered that in addition to stealing a few items from the house, Jason also sexually assaulted a woman who was inside. Can Ellen be held liable as an accomplice in the assault?

Ellen intended to help Jason commit a burglary. Low on cash, she agreed to drive him to the house of his choice in exchange for a cut of the proceeds. Ellen drove and Jason went into the house and returned to the car about 30 minutes later with some goods from the house. Later, Ellen discovered that in addition to stealing a few items from the house, Jason also sexually assaulted a woman who was inside. Can Ellen be held liable as an accomplice in the assault? (A) No, because Ellen did not intend for the assault to be committed. (B) No, because Ellen did not commit an act in furtherance of the assault. (C) Yes, because Ellen intended that a crime be committed. (D) Yes, Ellen is liable as a partner in crime even though she did not know all of her partner’s intentions.