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 Ohio, being an accessory after the fact is a criminal offense that involves assisting someone who has committed a crime, with the knowledge of the crime, and with the intent to help the person avoid arrest or punishment. This assistance can include actions such as harboring the offender, providing comfort, or any other assistance that could hinder the offender's apprehension, trial, or punishment. Ohio law distinguishes between an accessory after the fact and an accomplice, with the latter being someone who assists with the commission of the crime itself. An accessory after the fact may face charges related to obstruction of justice, which is considered a separate offense from the principal crime committed by the offender they are assisting. The specific charges and penalties can vary based on the nature of the underlying crime and the level of assistance provided to the offender.
