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 Rhode Island, an accessory after the fact is defined under Rhode Island General Laws § 11-1-6. This statute outlines that a person becomes an accessory after the fact by assisting another individual who has committed a felony, knowing that the individual has committed the crime, and with the intent to help the individual evade arrest, trial, or punishment. The assistance can include actions such as hiding the offender, providing financial support, or helping the offender escape. The crime of being an accessory after the fact is distinct from being an accomplice, as it occurs after the crime has been committed and does not involve aiding in the commission of the crime itself. The penalties for being an accessory after the fact in Rhode Island can include imprisonment and fines, and the severity of the punishment may vary depending on the nature of the felony committed by the principal offender. It is important for individuals facing such charges to consult with an attorney to understand the specific implications and defenses available in their case.