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 Dakota, being an accessory after the fact is a criminal offense. This occurs when a person assists another who has committed a crime, does so knowing that the crime has been committed, and acts with the intention to help the offender evade arrest or punishment. South Dakota Codified Laws (SDCL) address this under SDCL 22-3-5, which states that an accessory after the fact may be subject to a felony or misdemeanor charge depending on the principal crime. The punishment is typically less severe than for the principal offense but is still significant. This is distinct from being an accomplice, who is someone that assists in the commission of the crime itself. An accessory after the fact could also face charges under federal law for obstruction of justice if their actions are intended to prevent the apprehension, trial, or punishment of the offender.