1. He or she must notify everyone else he or she knows is involved
in the commission of the crime that he or she is no longer
participating. The notiﬁcation must be made early enough to
prevent the commission of the crime;
2. He or she must do everything reasonably within his or her
power to prevent the crime from being committed. He or she
does not have to actually prevent the crime.
The People have the burden of proving beyond a reasonable doubt that
the defendant did not withdraw. If the People have not met this burden,
you may not ﬁnd the defendant guilty under an aiding and abetting
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
the crime. (See People v. Beeman (1984) 35 Cal.3d 547, 560–561 [199 Cal.Rptr.
60, 674 P.2d 1318] [duty to instruct on aiding and abetting].)
If there is evidence that the defendant was merely present at the scene or only had
knowledge that a crime was being committed, the court has a sua sponte duty to
give the bracketed portion that begins with “If you conclude that the defendant was
present.” (People v. Boyd (1990) 222 Cal.App.3d 541, 557, fn. 14 [271 Cal.Rptr.
738]; In re Michael T. (1978) 84 Cal.App.3d 907, 911 [149 Cal.Rptr. 87].)
If there is evidence that the defendant withdrew from participation in the crime, the
court has a sua sponte duty to instruct on withdrawal. (People v. Norton (1958)
161 Cal.App.2d 399, 403 [327 P.2d 87]; People v. Ross (1979) 92 Cal.App.3d 391,
404–405 [154 Cal.Rptr. 783].) Give the bracketed portion that begins with “A
person who aids and abets a crime is not guilty.”
• Elements. Health & Saf. Code, § 11365.
•Willfully Deﬁned. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Aiding and Abetting Required. Health. & Saf. Code, § 11365(b); People v.
Cressey (1970) 2 Cal.3d 836, 848–849 [87 Cal.Rptr. 699, 471 P.2d 19].
• Knowledge and Willful, Intentional Involvement Required. People v. Brim
(1968) 257 Cal.App.2d 839, 842 [65 Cal.Rptr. 265].
• Requirements for Aiding and Abetting Generally. People v. Beeman (1984) 35
CONTROLLED SUBSTANCES CALCRIM No. 2401