The crime of “accessory after the fact” is a type of accomplice liability that occurs after the commission of a felony, when a person harbors, conceals, aids, or warns the offender of apprehension. In order to be convicted of accessory after the fact, the state must prove: (1) that a felony was committed; (2) that the person had knowledge or “reasonable ground to believe” that the offender committed the felony; and (3) the person intended to hinder the arrest, trial, conviction or punishment of the offender. An accessory after the fact charge is dependent upon proof of the initial felony, but is a separate and distinct charge.
Tenn. Code Ann. § 39-11-411 lists the following acts that can constitute an accessory after the fact charge: (1) harboring or concealing the offender; (2) providing or aiding in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or (3) warning the offender of impending apprehension or discovery. Typically, persons charged with “accessory after the fact” have been involved with providing a felonious offender with a place to hide, assisting in an escape or the destruction of evidence. However, it has been argued that actions as simple as providing advice to an offender on how to avoid arrest or conviction may constitute the crime.
