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 Maine, 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 evade arrest or punishment. This assistance must occur after the crime has been committed. Maine law, consistent with federal law, distinguishes between an accessory after the fact and an accomplice (someone who assists with the commission of the crime). Being an accessory after the fact is a separate criminal offense and can be prosecuted under the statutes related to hindering apprehension or 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. It is also worth noting that this offense can overlap with obstruction of justice, which involves interfering with the administration of justice, including hindering the apprehension, trial, or punishment of a criminal.