O.R.C. 2923.03 Interpretation

In Ohio, a complicitor is prosecuted and punished as if he were a principal offender. R.C. 2923.03(F). This means that a complicitor may be charged with and convicted of the principal offense. R.C. 2923.03(F); State v. Herring, 94 Ohio St.3d 246, 2002 Ohio 796, 762 N.E.2d 940. To support a conviction for complicity by aiding and abetting pursuant to R.C. 2923.03(A)(2), " 'the evidence must show that the defendant supported, assisted, encouraged, cooperated with, advised, or incited the principal in the commission of the crime, and that the defendant shared the criminal intent of the principal.' Such criminal intent can be inferred from the presence, companionship, and conduct of the defendant before and after the offense is committed." In re T.K., 109 Ohio St.3d 512, 514, 2006 Ohio 3056, P13, 849 N.E.2d 286, citing State v. Johnson, 93 Ohio St.3d 240, 2001 Ohio 1336, 754 N.E.2d 796.