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 California, an accessory after the fact is defined under California Penal Code Section 32. This statute outlines that a person becomes an accessory after the fact if they assist another individual who has committed a felony, knowing that the person has committed the crime, and with the intent to help them evade arrest or punishment. The assistance can include acts such as hiding the offender, helping them escape, or providing false information to law enforcement. Being an accessory after the fact is a separate offense from the original crime and is typically punishable by a fine and/or imprisonment. It is distinct from being an accomplice, which involves aiding in the commission of the crime itself. 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 obstruct their apprehension, trial, or punishment, which can also lead to federal charges. The penalties for being an accessory after the fact can vary depending on the severity of the original crime and other circumstances.