An accessory after the fact is a person who (1) assists someone who has committed a crime, (2) after the commission of the crime, (3) with knowledge that the person committed the crime, and (4) with the intent to help the person who committed the crime avoid arrest or punishment. The United States Code defines an accessory after the fact has someone who knows a crime has been committed and receives the offender (harbors them), or relieves, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial, or punishment.

An accessory after the fact is different that an accomplice to a crime, who helps with the commission of the crime. An accessory after the fact is treated as a criminal offense separate from the criminal offense of the offender being assisted, and may be prosecuted as the criminal offense of obstruction of justice.

In Alaska, an accessory after the fact is defined under Alaska Statutes Section 11.16.110-130. This person is someone who assists another individual who has committed a crime, does so after the crime has been committed, knows that the person has committed the crime, and intends to help the offender evade arrest or punishment. The assistance can include actions such as hiding the offender, providing financial support, or helping to dispose of evidence. Being an accessory after the fact is a separate offense from the original crime and is also distinct from being an accomplice, who is someone who assists with the commission of the crime itself. The penalties for being an accessory after the fact vary depending on the severity of the original crime but generally involve lesser punishment than for the principal offense. Additionally, under federal law, specifically Title 18 U.S.C. Section 3, an accessory after the fact is someone who assists an offender in order to prevent their apprehension, trial, or punishment, which can be prosecuted as obstruction of justice.