Also known as: accessories after the fact · accessory after fact
Written by attorneys · grounded in primary & secondary sources — see below
A person who, knowing that a felony has been committed, renders assistance to the felon with the purpose of hindering the felon's apprehension, conviction, or punishment.
Select any source to read its text and confirm it supports the definition.
After Leo smashed the lock and removed tools from the trailer, Omar arranged their resale and hid the paperwork. Omar knew the theft had occurred and acted to shield Leo from detection. Omar's conduct meets the definition of accessory after the fact because it occurred after the felony and was intended to help the principal avoid prosecution.
After Luis removed electronics from the container, Chen altered the cargo manifest and instructed the crew to remain silent. Chen knew the felony was complete and acted to prevent reporting in port. Chen qualifies as an accessory after the fact by providing knowing assistance aimed at helping the principal evade arrest and conviction.
After court staff questioned the forged settlement order, Charlie shredded the remaining drafts. Charlie knew the forgery had occurred and destroyed evidence to obstruct the inquiry. Charlie's post-crime actions establish accessory after the fact liability by aiding the principals in avoiding detection.
After Keith tapped the pipeline, Isaiah concealed the cutting tools in his barn once an investigation began. Isaiah learned of the completed felony and provided assistance to impede recovery of evidence. Isaiah's conduct satisfies accessory after the fact because it was knowing aid intended to help the principal avoid prosecution.
After Doug removed the laptops, Francis allowed them to be hidden in her spare room overnight. Francis was told the laptops came from the warehouse and knowingly provided temporary storage. Francis meets the accessory after the fact standard by rendering assistance after the felony to help the principal avoid arrest.
After the unauthorized broadcast, Luis ordered deletion of digital logs and helped prepare false statements. Luis knew the felony was complete and acted to destroy evidence and mislead investigators. Luis's post-crime assistance establishes accessory after the fact liability by hindering detection and prosecution.
The elements are that a completed felony was committed by another, the defendant knew of the felony, and the defendant provided assistance to help the felon avoid arrest, prosecution, or conviction. The assistance must occur after the crime is complete.
Supporting sources
A principal in the second degree aids or encourages the crime while present at the scene. An accessory after the fact provides assistance only after the felony is complete and with knowledge of its commission.
Supporting sources
…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…