New York criminal facilitation requires which elements?

• A. Knowledge that the crime will be committed; Aids or encourages the conduct
• B. Intent to facilitate the crime by the facilitator
• C. Mere presence at the scene
• D. No knowledge required if you provide a weapon

Answer: (B)

In New York, criminal facilitation requires intent to promote or facilitate the commission of a crime by another person. The facilitator must have a specific mental state—a purposeful plan to help—rather than merely knowing the crime might occur or simply being present. Providing a weapon or aid without the intent to promote the crime isn’t enough. So the essential element is the intent to facilitate, which is why choosing that option best captures the required mens rea.