§ 2. — Principals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 1--GENERAL PROVISIONS
Sec. 2. Principals
(a) Whoever commits an offense against the United States or aids,
abets, counsels, commands, induces or procures its commission, is
punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly
performed by him or another would be an offense against the United
States, is punishable as a principal.
(June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, Sec. 17b,
65 Stat. 717.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 550 (Mar. 4, 1909, ch.
321, Sec. 332, 35 Stat. 1152).
Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed.,
without change except in minor matters of phraseology.
Section 2(b) is added to permit the deletion from many sections
throughout the revision of such phrases as ``causes or procures''.
The section as revised makes clear the legislative intent to punish
as a principal not only one who directly commits an offense and one who
``aids, abets, counsels, commands, induces or procures'' another to
commit an offense, but also anyone who causes the doing of an act which
if done by him directly would render him guilty of an offense against
the United States.
It removes all doubt that one who puts in motion or assists in the
illegal enterprise but causes the commission of an indispensable element
of the offense by an innocent agent or instrumentality, is guilty as a
principal even though he intentionally refrained from the direct act
constituting the completed offense.
This accords with the following decisions: Rothenburg v. United
States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United
States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari
denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v.
Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing
denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888.
Amendments
1951--Subsec. (a). Act Oct. 31, 1951, inserted ``punishable as''.
Subsec. (b). Act Oct. 31, 1951, inserted ``willfully'' before
``causes'', and ``or another'' after ``him'', and substituted ``is
punishable as a principal'' for ``is also a principal and punishable as
such''.
Section Referred to in Other Sections
This section is referred to in section 1962 of this title; title 21
sections 848, 854; title 50 section 422.
