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 Hawaii, an accessory after the fact is someone who assists a criminal after the commission of a crime, knowing that the person has committed the crime, and with the intention to help them evade arrest or punishment. This is distinct from an accomplice, who is involved in the actual commission of the crime. Under Hawaii law, being an accessory after the fact is a separate criminal offense and can be prosecuted as such. It may also fall under the broader category of obstruction of justice, which includes actions that interfere with the enforcement and administration of laws. The specific charges and penalties for an accessory after the fact can vary depending on the nature of the underlying crime and other factors. It is important for anyone facing such charges to consult with an attorney to understand the specific implications under Hawaii state statutes and federal law.