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 Delaware, an accessory after the fact is defined under Title 11, Section 1243 of the Delaware Code. This statute outlines that a person is guilty of being an accessory after the fact if they assist someone who has committed a felony, knowing that the person has committed the felony, and with the intent to help the felon avoid arrest, trial, or punishment. The assistance can include providing aid to prevent the apprehension of the felon, or to obstruct justice. Being an accessory after the fact is a separate offense from the underlying felony and is typically treated less severely than the principal offense or being an accomplice (who assists in the commission of the crime). The specific penalties for being an accessory after the fact can vary depending on the nature of the underlying felony and other circumstances surrounding the case.