Accessory – definition
In criminal law, an accessory is an individual who knowingly aids, assists, or contributes to the commission or concealment of a crime, without being the principal actor. The accessory’s involvement may occur either before or after the crime is committed. Unlike an accomplice or principal offender who directly participates in the crime, an accessory’s role is typically indirect and does not require physical presence at the crime scene.
There are two main categories of accessories:
- Accessory before the fact: This person encourages, assists, or facilitates the criminal act before it happens, for example by providing information, tools, or planning assistance. Despite not being present during the crime, they share liability akin to that of the principal offender.
- Accessory after the fact: This person assists the offender after the crime has been completed, with knowledge that a crime was committed, by helping the offender to evade arrest or punishment, such as by hiding them or destroying evidence. This is usually treated as a distinct and lesser offense compared to the original crime.
Key aspects of the concept
- An accessory before the fact is culpable as if they were the principal offender, even if they did not physically participate in the crime or the principal was not convicted.
- The accessory after the fact must have knowledge of the crime and intentionally assist the offender to avoid legal consequences.
- The degree of assistance or temporal distance from the crime does not negate accessory liability as long as there is a substantial relationship to the criminal act.
- Punishments for accessories after the fact are generally less severe than those for the principal offense and often classified as misdemeanors or lesser felonies.
Examples of use of “Accessory”
- Providing a weapon or information to aid another in committing a robbery constitutes being an accessory before the fact.
- Hiding a friend who just committed a crime to help them escape police apprehension is an example of being an accessory after the fact.
- Destroying evidence or warning an offender of impending arrest also qualifies as accessory after the fact.
See also
- Accomplice
- Aiding and Abetting
- Principal Offender
- Accessory After the Fact