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 Arkansas, an accessory after the fact is someone who assists another person who has committed a crime, does so knowing that the crime has been committed, and acts with the intention to help the offender evade arrest or punishment. This is distinct from being an accomplice, which involves aiding in the commission of the crime itself. Arkansas law, under Arkansas Code Annotated § 5-53-403, treats being an accessory after the fact as a separate offense, which can be charged independently of the principal crime. The specific charge and potential penalties can vary depending on the nature of the underlying crime and other circumstances. Additionally, federal law under 18 U.S.C. § 3 also defines and penalizes being an accessory after the fact, which can apply if the underlying crime is a federal offense. The federal statute similarly focuses on those who assist offenders with the intent to hinder their apprehension, trial, or punishment. The crime of being an accessory after the fact can sometimes be prosecuted as obstruction of justice, depending on the actions taken to assist the offender.