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 Florida, an accessory after the fact is defined under Florida Statutes Section 777.03. The law states that a person who gives assistance to someone who has committed a felony, with knowledge that the person has committed the crime, and with the intent to help the offender evade detection, arrest, or punishment, can be charged as an accessory after the fact. This is a separate offense from the principal crime and is also distinct from being an accomplice, which involves aiding in the commission of the crime itself. The penalties for being an accessory after the fact vary depending on the severity of the original felony committed, but it generally carries a lesser sentence than the principal offense. Additionally, under federal law, specifically Title 18 U.S.C. § 3, an accessory after the fact is someone who, knowing that an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent their apprehension, trial, or punishment. This federal statute applies to all states, including Florida, and is also treated as a separate offense that can lead to charges of obstruction of justice.