MBE Rules · Criminal Law
Accessory After the Fact
Accessory after the fact
The rule
One who, knowing a felony was committed, aids the felon to escape arrest or punishment commits a separate obstruction-type offense — not liability for the underlying felony.
In plain English
An accessory after the fact is someone who helps a felon after the crime has been committed, knowing that the felony occurred. This person does not share in the liability for the original felony but can be charged with a separate crime for assisting the felon to avoid arrest or punishment.
Worked example
After a bank robbery, John learns that his friend Mike was involved. Knowing that Mike committed the robbery, John helps him hide from the police and provides him with money to escape. John can be charged as an accessory after the fact for aiding Mike.
Memory hook
Helping a felon escape? You're an accessory, not a co-conspirator!
The trap
Exams often confuse students by presenting scenarios where the accessory's knowledge of the felony is ambiguous, leading to misinterpretation of their liability. Students may mistakenly think they can be charged with the underlying felony.
How examiners test it
Questions typically present a fact pattern involving a crime and then introduce a character who assists the perpetrator after the fact, testing the candidate's understanding of the distinction between accessory liability and the underlying felony.
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