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 Arizona, an accessory after the fact is someone who assists a criminal after a crime has been committed, knowing that the person committed the crime, and with the intent to help them evade law enforcement or punishment. This is distinct from an accomplice, who is involved in the commission of the crime itself. Arizona law, under ARS 13-1004, treats being an accessory after the fact as a separate offense, which can be charged as obstruction of justice or hindering prosecution. The specific charges and penalties can vary depending on the nature of the underlying crime and the level of assistance provided to the offender. Federal law also addresses this issue under 18 U.S.C. § 3, defining an accessory after the fact as someone who assists an offender to avoid arrest, trial, or punishment, with knowledge that the crime has been committed. The federal statute outlines penalties that are generally less severe than those for the principal offense but still significant.