State v. Walden

In State v. Walden, 306 N.C. 466, 293 S.E.2d 780 (1982), the North Carolina Supreme Court upheld the trial court's conviction of a mother for aiding and abetting an assault with a deadly weapon by another person against her child when the mother permitted another person to severely beat her son in the mother's presence. Id. In general, North Carolina law on aiding and abetting requires a person to say or do something to demonstrate consent to a felonious purpose and to contribute to the execution of a crime. Id. at 476, 293 S.E.2d at 787. The court in Walden recognized a person is under no general duty to prevent the commission of a crime solely because that person is present; however, the court also acknowledged the nature of the parent-child relationship places a legal duty upon the parent to take all reasonable steps to protect the child from harm. Id. at 472, 293 S.E.2d at 784; Id. at 475, 293 S.E.2d at 786. Thus, a parent's failure "to take all steps reasonably possible to protect the parent's child from an attack by another person constitutes an act of omission by the parent showing the parent's consent and contribution to the crime being committed." Id. at 476, 293 S.E.2d at 787.