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 Illinois, an accessory after the fact is someone who assists another person who has committed a crime, with the knowledge of the crime and the intent to help the offender evade law enforcement or punishment. This is distinct from being an accomplice, which involves aiding in the commission of the crime itself. Under Illinois law, being an accessory after the fact can lead to charges such as obstruction of justice. The specific statutes that address these actions can be found in the Illinois Compiled Statutes. The penalties for being an accessory after the fact vary depending on the severity of the original crime and the nature of the assistance provided to the offender. It is important for anyone facing such charges to consult with an attorney to understand the specific implications and potential defenses in their case.