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 Minnesota, an accessory after the fact is defined under Minnesota Statutes Section 609.495. According to this statute, a person is considered an accessory after the fact if they harbor, conceal, aid, or assist another person whom they know or have reason to believe has committed a felony, with the intent to help that person avoid arrest, trial, or punishment. The punishment for being an accessory after the fact in Minnesota is typically less severe than the punishment for the principal crime, but it is still a felony offense. This is distinct from being an accomplice, which involves participating in the commission of the crime itself. At the federal level, Title 18 of the United States Code, Section 3, similarly defines an accessory after the fact as someone who assists an offender in order to hinder or prevent their apprehension, trial, or punishment, knowing that such person has committed a crime. The federal law also treats this as a separate offense, which can be prosecuted under the umbrella of obstruction of justice.