Distinction between accessory before the fact and principal abrogated.

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22-3-3.1. Distinction between accessory before the fact and principal abrogated.

The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated. Any person connected with the commission of a felony, whether that person directly commits the act constituting the offense or aids and abets in its commission, though not present, shall be prosecuted, tried, and punished as a principal.

Source: SDC 1939 & Supp 1960, §34.0504; SDCL, §23-10-3; SL 1978, ch 185, §2; SL 2005, ch 120, §373.


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