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 Michigan, being an accessory after the fact is a criminal offense under both state law and federal law. Under Michigan Compiled Laws Section 750.505, an accessory after the fact is someone who, knowing that a felony has been committed, conceals or aids the perpetrator with the intent that they avoid or escape detention, arrest, trial, or punishment. The punishment for an accessory after the fact in Michigan can be up to five years in prison, a fine of $10,000, or both. Federally, under 18 U.S.C. Section 3, an accessory after the fact is someone who, knowing an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent their apprehension, trial, or punishment. Federal penalties for being an accessory after the fact vary depending on the principal offense but generally involve a maximum sentence of half the maximum imprisonment or fine that is provided for the principal offense, or both. It is important to distinguish this from being an accomplice, as an accessory after the fact assists the offender only after the crime has been committed, whereas an accomplice is involved in the commission of the crime itself.