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 South Carolina, an accessory after the fact is recognized as a separate offense from the principal crime. Under South Carolina law, a person becomes an accessory after the fact when they knowingly assist someone who has committed a felony, with the intent to help the offender evade arrest, trial, or punishment. This assistance must occur after the commission of the felony. The assistance can include actions such as hiding the offender, helping the offender escape, or providing the offender with aid to avoid detection or capture. The crime of being an accessory after the fact is distinct from being an accomplice, as the latter involves participation in the commission of the crime itself. The penalties for being an accessory after the fact vary depending on the severity of the principal felony committed, but it is generally punishable by imprisonment. It's important to note that the specific circumstances of each case can affect the charges and penalties, and an attorney can provide guidance on the matter based on current state statutes and federal law.