principal in the second degree

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A principal in the second degree is a person that is present at the scene of a crime and aids, abets, or encourages the commission of the crime with the required criminal intent. A principal in the second degree may also be referred to as an accomplice, an accessory, or an accessory at the fact. A principal in the second degree is distinguished from a principal in the first degree in that they do not cause the commission of the crime. A principal in the second degree differs from an accessory before the fact or an accessory after the fact by their actual presence at the commission of the crime.

Some penal codes punish principals in the second degree to the same level as principals in the first degree. For example, Virginia Penal Code §18.2-18 states “In the case of every felony, every principal in the second degree and every accessory before the fact may be indicted, tried, convicted and punished in all respects as if a principal in the first degree…”. 

[Last updated in February of 2024 by the Wex Definitions Team]