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 Iowa, 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, with the intention to help them evade arrest or punishment. This is distinct from being an accomplice, who is someone involved in the commission of the crime itself. Iowa law, under Iowa Code Section 703.3, states that a person who is an accessory after the fact commits an aggravated misdemeanor. This means that the individual could face criminal charges and penalties separate from those applied to the principal offender. The crime of being an accessory after the fact is considered a form of obstruction of justice, as it involves actions that hinder the apprehension, trial, or punishment of the offender. An attorney can provide specific guidance on the potential consequences and defenses available to someone charged as an accessory after the fact in Iowa.