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39. What crime, if any, has the friend committed?
Two women decided to rob a bank. They asked a friend to drive them to the bank without telling him that they intended to rob it. The friend waited in his car outside the bank while the women went in. Suddenly, the two women rushed from the bank holding bags of money as alarms sounded. The friend drove the women back to their apartment.
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B is incorrect. Accomplice liability requires that the accomplice knew about the crime in advance and acted with the intent to facilitate the offense. Here, the friend did not know about the planned robbery and could not have acted with the intent to facilitate that offense.
C is incorrect. The friend did not know about the planned robbery and thus did not agree to drive the women with the intent to commit the offense, as would be required for a conviction for conspiracy.
D is incorrect. Although the friend was innocent until the women emerged from the bank, his subsequent culpable act to aid his friends after the robbery makes him criminally liable as an accessory after the fact.