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 Indiana, an accessory after the fact is someone who assists another person who has committed a crime, knowing that the person has committed the crime, with the intent to help them avoid arrest or punishment. This assistance must occur after the crime has been committed. Indiana law, similar to the United States Code, may treat such behavior as obstruction of justice, which is a separate offense from the original crime committed by the principal offender. The specific statutes that address these actions can vary, but they generally fall under the umbrella of aiding, inducing, or causing an offense, which can include harboring a criminal, providing assistance to evade law enforcement, or otherwise obstructing justice. The penalties for being an accessory after the fact can differ based on the severity of the original crime and the nature of the assistance provided to the offender.