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 North Carolina, an accessory after the fact is defined under North Carolina General Statutes § 14-7. The statute outlines that a person becomes an accessory after the fact by willfully aiding someone who has committed a felony, with the knowledge that the person has committed the felony, and with the intent to help the person evade detection, arrest, or punishment. The assistance must occur after the felony has been committed. This is distinct from being an accomplice, which involves participation in the commission of the crime itself. Being an accessory after the fact is a separate offense and can be charged independently of the principal crime. The punishment for an accessory after the fact in North Carolina typically depends on the classification of the felony committed by the principal offender, and the accessory may face a lower level of punishment than the principal felon. Additionally, federal law under 18 U.S.C. § 3 also defines an accessory after the fact, with similar criteria, and it applies to federal offenses. An accessory after the fact under federal law can be subject to fines and imprisonment, and the penalties can vary based on the severity of the principal offense.