Complicity Law

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Complicity in criminal law refers to when someone is legally accountable or liable for a criminal offense, based on the behavior of another.  Criminal complicity may arise in the following situations, with the intent to promote or assist the commission of the offense:
  1. a person procures, induces or causes such other person to commit the offense; or
  2. a person aids or abets such other person in committing the offense; or
  3. having a legal duty to prevent the commission of the offense, a person fails to make an effort he is legally required to make.
Whoever, knowing that an offense has been committed, receives, relieves, comforts or assists any offender in order to hinder or prevent his or her apprehension, trial or punishment, is called an accessory after the fact.  An accessory after the fact is often not considered an accomplice but is treated as a separate offense.  Punishment for an accessory after the fact is universally less than that for the principal offender.

18 USCS § 3
§ 3. Accessory after the fact
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571 [18 USCS § 3571]) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

An accessory after the fact is defined as follows: Access after the fact is a person who with knowledge of the other person['s] guilt gives assistance to a felon in an effort to hinder the felon['s] detection, arrest, trial or punishment. Morgan v. Lafler, 2009 U.S. Dist. LEXIS 93580 ( E.D. Mich. Oct. 7, 2009).

2006 Louisiana Laws - RS 14:25 — Accessories after the fact
§25.  Accessories after the fact 
An accessory after the fact is any person who, after the commission of a felony, shall harbour, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.  

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