After the Fact

Accessory After the Fact: a person who, knowing the crime has been committed, helps cover it up or assists the principal in evading justice.

  • NOT treated as an accomplice. The underlying crime is already complete; this is a separate, lesser crime.
  • No merger with the underlying offense—accessory after the fact and the principal crime are distinct.
  • Modern statutes label this obstruction of justice, harboring a fugitive, or misprision of felony (federal).
  • Mens rea: knowledge that a crime has been committed + intent to help the principal avoid arrest, trial, or punishment.