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 Oregon, an accessory after the fact is someone who assists another person who has committed a crime, knowing that the person has committed the crime, with the intent to help them avoid arrest or punishment. This assistance must occur after the crime has been committed. Oregon law, under ORS 162.235, defines the crime of hindering prosecution, which is similar to being an accessory after the fact. A person commits the crime of hindering prosecution if they provide aid to a person who has committed a felony, with the intent to prevent their apprehension, prosecution, or sentencing. Hindering prosecution is a Class C felony in Oregon. This is distinct from being an accomplice, who is someone involved in the commission of the crime itself. An accessory after the fact may also face charges related to obstruction of justice, which can be prosecuted under both state and federal law.