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 Nebraska, an accessory after the fact is defined under Nebraska Revised Statute 28-204. This statute outlines that an individual becomes an accessory after the fact if they harbor, conceal, or aid a felon with the intent to prevent their arrest, trial, or punishment, knowing that the person has committed a felony or has been adjudged guilty of a felony. The assistance must occur after the commission of the felony. Being an accessory after the fact is a separate offense from the underlying crime committed by the principal offender and is also distinct from being an accomplice, who is someone involved in the commission of the crime itself. The charge for an accessory after the fact is typically less severe than for the principal offense but can still carry significant legal consequences. Federal law, as outlined in 18 U.S.C. § 3, similarly defines an accessory after the fact and imposes penalties for anyone who assists an offender in order to hinder or prevent their apprehension, trial, or punishment. The federal statute applies to all federal crimes and serves as a guideline for states, but each state, including Nebraska, has its own statutes and penalties for accessories after the fact.