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State v. V.T. | 5 P.3d 1234 (2000)
Active behavior that encourages others to take criminal action can lead to accomplice liability. But what about passive behavior? State versus V. T. answers this question.
In June of Nineteen Ninety-Eight, a minor referred to only as V. T. and two friends, Moose and Joey, went to V. T.’s relative’s apartment to avoid being picked up by the police for violating curfew. The boys ended up spending the night in the apartment. The next morning, V. T.’s relative left to run an errand and came back fifteen minutes later to find the boys gone and the door to her apartment wide open. Two days later, she realized that her camcorder, which had been in the apartment when the boys stayed over, was missing. She reported its theft to the police, who found the camcorder at a local pawn shop.
Inside the camcorder was a videotape that featured footage of V. T, Moose, and Joey. In one segment, Moose called another friend, in V. T.’s presence, to talk about pawning the stolen camcorder. V. T. didn’t speak or gesture during any of this footage. V. T. was ultimately picked up by the police while riding in a car with Moose. Then V. T. was charged with the theft of the camcorder and tried under an accomplice theory. When the juvenile court found him guilty, he turned to the Utah Court of Appeals.
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