Legal Definitions - accessory

In criminal law, an accessory refers to an individual who helps in the commission or concealment of a crime but is not the primary perpetrator. Unlike an "accomplice," who is typically present during the crime, an accessory's involvement usually occurs either before or after the crime takes place, without their physical presence at the scene.

There are two main types of accessories:

• Accessory Before-the-Fact

  This describes someone who encourages, aids, or assists in a significant way in the planning or preparation of a crime, but is not physically present when the crime is actually carried out. Their involvement is in "designing" or enabling the crime. To be considered an accessory before-the-fact, three main conditions must generally be met:

  • A crime was committed by someone else.
  • The individual advised, encouraged, or in some way helped the main perpetrator commit the offense.
  • The individual was not present at the location or during the time the crime was committed.

  An accessory before-the-fact is often held to the same level of legal responsibility as the person who directly committed the crime.

  • Example 1: Providing Critical Information

    A former security guard provides detailed blueprints of a high-tech research facility and advises a group of industrial spies on the best entry points and security blind spots, knowing they intend to steal valuable intellectual property. The guard is at home, miles away, when the actual break-in occurs.

    Explanation: The former security guard is an accessory before-the-fact because they provided crucial aid (blueprints, advice) before the crime, thereby "participating in the design" and enabling its commission, but were not present when the theft occurred.

  • Example 2: Supplying Tools for a Crime

    A person lends their specialized safe-cracking tools to an acquaintance, knowing the acquaintance intends to use them to break into a jewelry store. The person who lent the tools is at work during the time of the burglary.

    Explanation: This person is an accessory before-the-fact. They knowingly provided the means (tools) to commit the crime before it happened, thereby aiding its commission, but were not present during the actual break-in.

• Accessory After-the-Fact

  This describes someone who, knowing that a crime has been committed, helps the offender avoid arrest, prosecution, or punishment. The assistance must be provided after the crime is fully completed. The key elements for this type of accessory are:

  • An underlying crime was committed.
  • The individual knew about this crime.
  • The individual provided assistance specifically to help the offender escape justice.

  The legal penalties for an accessory after-the-fact are typically less severe than for the principal offender or an accessory before-the-fact.

  • Example 1: Hiding an Offender

    After a serious assault, a friend allows the assailant to hide in their secluded cabin for a week, providing food, fresh clothes, and a burner phone, knowing full well about the assault and the ongoing police search for the perpetrator.

    Explanation: The friend is an accessory after-the-fact because they knew a crime had been committed and actively assisted the assailant in avoiding apprehension and punishment after the assault was complete.

  • Example 2: Destroying Evidence

    Following a hit-and-run accident where a pedestrian was seriously injured, a mechanic, knowing their client was the driver, agrees to quickly repair the client's car and dispose of the damaged parts to conceal evidence from the police.

    Explanation: The mechanic is an accessory after-the-fact because they knew about the crime (hit-and-run) and took actions to help the driver avoid legal consequences by destroying evidence after the accident occurred.