Legal Question in Criminal Law in California

In a hypothetical scenario:

A minor of fifteen years of age is convicted of second degree murder, but at the scene a minor of sixteen was also present and witnessed the crime, then proceeded to aid the murderer in hiding the body.

My two questions are:

1) What would be the crime of the sixteen year old in this situation, if he is guilty at all

2) If, indeed, both are guilty, what are the perspective sentences ahead of them?

In case any are disturbed by such a question, it is being asked for solely fictional purposes.


Asked on 3/31/12, 1:10 am

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

The attorneys on this site are volunteering their time to help people facing criminal charges; we are not volunteering time to do your homework for you or answer other hypothetical questions.

In other words, that *is* the reason if one would be 'disturbed,' - because it is a fictional 'problem.' I think that's pretty easy to understand if you think about it ... it is not as if attorneys are on the LawGuru site for the purpose of trying to fill up excess time that we otherwise don't know how to fill. ;)

In short - write your own essays; don't post your homework on LawGuru.

Good luck with your class.

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Answered on 3/31/12, 2:32 pm
Joe Dane Law Office of Joe Dane

The sixteen year-old is an accessory (Penal Code section 32) if all they did was help to cover up the crime. If the 16 year-old in any way assisted, encouraged or facilitated the commission of the murder, they can be charged with the murder under an "aiding and abetting" theory.

Second degree murder in California carries a sentence of 15 to life. Accessory is up to 3 years in custody.

For more information about aiding & abetting and accessories, see the following link to a blog post on my website:

http://www.joedane.com/featured/participants-in-a-crime-principals-and-accessories-penal-code-32-orange-county/

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Answered on 4/02/12, 12:38 pm


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