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 Tennessee, an accessory after the fact is defined under Tennessee Code Annotated (T.C.A.) § 39-11-411. This statute outlines that a person becomes an accessory after the fact by knowingly assisting an offender who has committed a felony, with the intent to hinder the arrest, trial, conviction, or punishment of the offender. The assistance can include providing the offender with food, shelter, transportation, or any other means of avoiding arrest or punishment. Being an accessory after the fact is a criminal offense in Tennessee and is typically charged as a lesser degree than the principal crime. It is important to distinguish this from being an accomplice, which involves participation in the commission of the crime itself. An accessory after the fact may also face charges related to obstruction of justice, which is a separate offense that involves interfering with the administration and due process of the law.