§ 4-204. Accessory before the fact  


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  •    (a) "Accessory before the fact" and "principal" defined. -- In this section, the words "accessory before the fact" and "principal" have their judicially determined meanings.

    (b) Accessory before the fact and principal -- Compared. -- Except for a sentencing proceeding under § 2-304 of the Criminal Law Article:

       (1) the distinction between an accessory before the fact and a principal is abrogated; and

       (2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.

    (c) Accessory liability not linked to principal. -- An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:

       (1) charged with the crime;

       (2) acquitted of the crime; or

       (3) convicted of a lesser or different crime.

    (d) Venue. -- If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:

       (1) an act of accessoryship was committed; or

       (2) a principal in the crime may be charged, tried and convicted, and sentenced.


HISTORY: An. Code 1957, art. 27, § 592A; 2001, ch. 10, § 2; ch. 35; 2002, ch. 26, § 12; ch. 213, § 6; 2013, ch. 156, § 3.