Legal Definitions - accessory before the fact

An accessory before the fact is a legal term for someone who helps plan, encourage, or enable a crime to happen, but who is not physically present at the location when the crime is actually committed. This individual provides support or guidance beforehand, knowing that a crime will take place. Despite their absence from the scene, an accessory before the fact can be held just as criminally responsible as the person who directly commits the crime.

Here are some examples to illustrate this concept:

• Example 1: Planning a Burglary

  Imagine a former security guard, disgruntled with his old employer, provides detailed blueprints of a jewelry store and the security code to a group planning to rob it. He also advises them on the best time to enter to avoid patrols. However, on the night of the burglary, he stays at home, miles away from the store.

  How it illustrates the term: The former security guard is an accessory before the fact because he *aided* the crime by providing crucial information and a security code, and *encouraged* it by offering strategic advice. Crucially, he was *not present* at the jewelry store when the actual burglary took place.

• Example 2: Facilitating Insurance Fraud

  Consider a person who, knowing their friend intends to commit insurance fraud, advises the friend on how to stage a minor car accident to look more severe. They help their friend draft a false police report and suggest specific "injuries" to claim to maximize the payout. The friend then executes the plan, submitting the fraudulent claim to the insurance company without the advisor present.

  How it illustrates the term: The advisor is an accessory before the fact because they *aided* and *encouraged* the insurance fraud by providing detailed instructions and helping to create false documentation. They were *not present* when the friend actually submitted the fraudulent claim or interacted with the insurance company.

• Example 3: Setting Up a Drug Operation

  A property owner rents out a secluded warehouse to individuals, knowing full well that they intend to use it as a clandestine laboratory for manufacturing illegal drugs. The owner also purchases and delivers specialized equipment and precursor chemicals to the warehouse before the manufacturing begins. Once the supplies are delivered, the owner leaves and is not present during any of the drug production activities.

  How it illustrates the term: The property owner is an accessory before the fact because they *aided* the drug manufacturing operation by providing the location, equipment, and chemicals. They were *not present* at the warehouse during the actual production of the illegal drugs.