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 Louisiana, an accessory after the fact is defined under Louisiana Revised Statutes Title 14:25. This statute outlines that an accessory after the fact is someone who harbors, conceals, or otherwise assists an offender, knowing that the offender has committed a felony, in such a manner that it helps the offender avoid arrest, trial, or conviction. The assistance must be with the intent to help the offender evade the legal consequences of their actions. Being an accessory after the fact is a separate offense from the underlying crime committed by the principal offender and can result in criminal charges. The penalties for being an accessory after the fact in Louisiana vary depending on the severity of the felony committed by the principal offender and other circumstances surrounding the case. It is important to note that this is distinct from being an accomplice, as an accomplice is involved in the commission of the crime itself, whereas an accessory after the fact becomes involved after the crime has been committed. Additionally, federal law under the United States Code also addresses accessories after the fact, providing a broader framework that applies to federal crimes and can influence how such cases are prosecuted at the federal level.