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 New Jersey, an accessory after the fact is someone who assists a person who has committed a crime, knowing that the crime has been committed, with the intent to help the offender evade arrest or punishment. This is distinct from an accomplice, who is involved in the commission of the crime itself. New Jersey law, under N.J.S.A. 2C:2-6, addresses the liability for conduct of another person and can hold an accessory after the fact accountable. The specific charge and potential penalties can vary based on the underlying crime committed by the principal offender. The accessory after the fact may face charges such as hindering apprehension or prosecution, obstruction of justice, or tampering with evidence, among others. These charges are separate from the principal offense and are treated as individual crimes under New Jersey statutes.