What is the penalty for “aiding and abetting” in Nevada?

Posted on February 11, 2022

A getaway driver discussing the plans with accomplice.

NRS 195.020 is the Nevada statute that makes “aiding and abetting” a crime. In most cases, the offense carries the same punishment as the underlying crime that the defendant helped carry out.

1. How does Nevada law define “aiding and abetting”?

Nevada’s legal definition of aiding and abetting is helping, counseling, or encouraging another person (called the principal) to commit a crime. People who aid or abet principals in criminal activity are called accomplices.¹

Typical examples of accomplice behavior include:

being a getaway driver,
keeping a lookout, and
channeling crucial information to someone that could help him/her commit a crime.

Note that aiding and abetting does not necessarily qualify as a conspiracy under Nevada law. A conspiracy requires two or more people to agree to commit a crime. In contrast, a person can aid and abet without ever having made an agreement.

How is "aiding and abetting" different from "conspiracy" in Nevada law?

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2. What are the penalties?

Nevada law says that there is no difference between principals and accomplices.

Consequently, aiding and abetting someone to violate the law carries identical punishment as if the accomplice carried out the crime him/herself.²

For example, someone who aided and abetted a robbery would receive the standard robbery sentence of two to 15 years in Nevada State Prison.

3. Can a defendant raise a defense?

Yes. Common defenses to aiding and abetting include:

the defendant was merely present at the crime scene,
the defendant did not know about the crime, and
the defendant withdrew from aiding and abetting the crime by telling everyone involved that he/she is withdrawing and by trying to hamper the crime from taking place.

Legal References:

1. Nevada Revised Statute 195.020. See also State v. Plunkett (2018) 429 P.3d 936.
2. NRS 195.020.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.