Also known as: accessory after the fact · accessory after the facts
Written by attorneys · grounded in primary & secondary sources — see below
A common-law category of party to a felony consisting of a person who, after a felony has been completed, knowingly assists the principal offender to avoid arrest, prosecution, or conviction.
Aaron Adams breaks into a construction trailer and removes power tools. After the theft, Angela Acosta learns of the crime and stores the tools in her garage while instructing Aaron to avoid the police. Angela's post-crime concealment with knowledge of the felony makes her an accessory after the fact.
Alfred Ashford steals a tractor from a neighbor's shed. The next day Amber Alonzo learns of the theft and hides the tractor in her barn while lying to investigators about its location. Amber's knowing assistance after the felony to shield Alfred from detection establishes her liability as an accessory after the fact.
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Andrew Avery hacks a corporate server and steals data. Ariana Azizi later learns of the breach and deletes server logs while coaching Andrew on false statements to investigators. Ariana's post-offense destruction of evidence with knowledge of the completed felony renders her an accessory after the fact.
Aaron Adams robs a convenience store. Alfred Ashford discovers the crime and allows Aaron to hide in his basement while providing food and false alibis to police. Alfred's knowing sheltering of the principal to evade capture qualifies him as an accessory after the fact.
Angela Acosta embezzles funds from her employer. Andrew Avery learns of the theft and alters accounting records to conceal the transfers while warning Angela of an audit. Andrew's knowing falsification of records after the felony to help avoid prosecution makes him an accessory after the fact.
Amber Alonzo burglarizes a warehouse. Ariana Azizi learns of the burglary and drives the stolen merchandise to a remote location while misleading authorities about its whereabouts. Ariana's knowing transportation of the goods after the felony to help the principal evade conviction establishes accessory-after-the-fact liability.
An accessory after the fact assists only after the felony is complete and with the purpose of helping the principal avoid arrest or conviction. A principal in the second degree aids or encourages the crime while present at the scene. The timing of the assistance determines the category.
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Yes. Any knowing assistance given after the felony to help the principal avoid detection, arrest, prosecution, or conviction satisfies the definition, including concealing tools, altering records, or providing false statements.
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At common law an accessory could not be convicted unless the principal had first been convicted, though both could be tried together if the jury found the principal guilty first. Modern jurisdictions have largely abandoned this procedural requirement.
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No. The person must provide actual assistance to the principal with the purpose of helping the principal avoid arrest, prosecution, or conviction. Passive awareness without affirmative aid does not trigger liability.
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…are less serious than completed crimes. See, e. g., S. D. Codified Laws § 22-4-1 (1979); 4 Blackstone 15. Similarly, an accessory after the fact should not be subject to a higher penalty than the principal. See, e. g., 18 U. S. C. § 3. Turning to the culpability of the offender, there are again clear distinctions that courts may…