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 Georgia, an accessory after the fact is someone who assists a criminal after the commission of a crime, knowing that the person has committed the crime, with the intention to help the criminal evade arrest or punishment. This is distinct from being an accomplice, who is someone involved in the commission of the crime itself. Georgia law, under O.C.G.A. § 16-2-22, states that a person can be charged as a party to a crime if they intentionally aid or abet the commission of the crime or intentionally advise, encourage, hire, counsel, or procure another to commit the crime. While this statute does not explicitly define 'accessory after the fact,' the actions described would encompass such behavior. Additionally, federal law under 18 U.S.C. § 3 defines an accessory after the fact as someone who assists an offender in order to hinder or prevent the offender's apprehension, trial, or punishment. In Georgia, being an accessory after the fact can lead to charges such as obstruction of justice, which is a separate offense from the original crime committed by the principal offender.