Penal Code § 32 PC – Accessory After the Fact – California Law

Our California criminal defense attorneys will discuss the following in this article:

• 1. What is an “accessory after the fact”?
• 2. Can I raise a legal defense?
  • 2.1 No knowledge
  • 2.2 Duress
  • 2.3 Bystander
• 3. What are the penalties for violating PC 32?
• 4. Can I get a conviction expunged?
• 5. Are there related offenses?

1. What is an “accessory after the fact”?

A prosecutor must prove the following to successfully show that you acted as an accessory after the fact:

1. a person committed a felony offense or was facing felony charges,
2. you knew that the person committed, was charged with, or was convicted of a felony,
3. after the felony was committed or charged, you hid or aided the person, and
4. you did so to help the person avoid arrest, trial, conviction, or punishment.[1]

Note that the act of refusing to testify in a criminal trial, where a defendant is facing felony charges, does not make you an accessory after the fact.[2]

2. Can I raise a legal defense?

You can and should raise a legal defense that casts reasonable doubt on any criminal charges brought under this law.

A few common defenses include showing that you:

1. did not know that a person committed a felony.
2. acted under duress.
3. were an innocent bystander.

2.1 No knowledge

Recall that you are only an accessory after the fact if you actually knew that a person committed or was charged with a felony. This means it is always a defense to show that you did not have this knowledge.

2.2 Duress

Duress is a legal defense in which you basically say: “He made me do it.” The defense applies to the situation in which you commit a crime (here, aiding a felon), because somebody threatened to kill you if the crime was not committed.

2.3 Bystander

You are only guilty under PC 32 if you assisted a felon, namely harboring, concealing, or aiding the felon. A defense, therefore, is to show that you took no specific action to help someone who committed or was charged with a felony. In short, you need to show that you were a mere bystander to the crime.

3. What are the penalties for violating PC 32?

A violation of Penal Code 32 is a wobbler offense. This means a prosecutor can charge it as either a misdemeanor or a felony depending on:

• the facts of the case, and
• your criminal history.

If you are convicted of misdemeanor accessory after the fact, the crime is punishable by:

• imprisonment in county jail for up to one year, and/or
• a maximum fine of $5,000.[3]

If you are convicted of felony accessory after the fact, the offense is punishable by:

• custody in jail or state prison for up to three years, and/or
• a maximum fine of $5,000.[4]

4. Can I get a conviction expunged?

If you are convicted of a misdemeanor under PC 32, you can get the conviction expunged per Penal Code 1203.4. This is true provided that you successfully complete your:

• jail term, or
• probationary term (whichever was imposed).

Note that felony convictions under this statute cannot get expunged. This is because expungements are not allowed for offenses that lead to a state prison term.

5. Are there related offenses?

There are three crimes related to acting as an accessory after the fact. These are:

1. criminal conspiracy – PC 182,
2. aiding and abetting – PC 31, and
3. attempt crimes – PC 664.

Criminal conspiracy – PC 182

Under Penal Code 182 PC, California law defines the crime of conspiracy as a scenario where:

1. you agree with one or more other persons to commit a crime, and
2. one of you commits an act to further that agreement.

In comparison to the offense of aiding a felon per PC 32, the commission of a conspiracy typically requires you to have more involvement in the commission of a crime. This normally includes time spent in the:

• planning of the crime, and
• execution of the crime.

Aiding and abetting – PC 31

Penal Code 31 PC is the California statute that says aiding and abetting is a crime. This section makes it illegal to encourage, facilitate or aid in the commission of a criminal act.

Note that you are guilty under this law for helping in the commission of a crime. With PC 32, however, you are guilty of an offense for helping someone after a crime was committed.

Attempted crimes – PC 664

Penal Code 664 PC is the California statute that makes it a crime to attempt to commit a criminal act.

As with being an accessory after the fact, attempting a crime can be charged as either a misdemeanor or a felony. The determination as to which gets charged depends on how you would have been charged if you completed the crime that was attempted.

Additional reading

For more in-depth information, refer to these scholarly articles:

• A Survey of Accessory After the Fact Exemptions – Dickinson Law Review.
• Excluding an Accessory after the Fact from a Felony-Firearm Conviction – Wayne Law Review.
• Parties to a Crime – University of Pennsylvania Law Review.
• Family Member Exemption for Accessory after the Fact – Journal of Family Law.
• Criminal Procedure – Evidence – Accomplice Testimony – Testimony of Accessory after the Fact Need Not Be Corroborated – St. Mary’s Law Review.

Also see our related page on being an accessory before the fact.

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[1] California Penal Code 32 PC. See also People v. Nuckles (2013) 56 Cal.4^th 601. See also People v. Shields (1990) 222 Cal.App.3d 1; People v. Prado (1977) 67 Cal.App.3d 267; People v. Francis (1982) 129 Cal.App.3d 241; People v. Mouton (1993) 15 Cal.App.4th 1313; People v. Prettyman (1996) 14 Cal.4th 248; People v. Riley (1993) 20 Cal.App.4th 1808; People v. Nguyen (1993) 21 Cal.App.4th 518; People v. Duty (1969) 269 Cal.App.2d 97.

[2] People v. Partee (2020) 8 Cal.5^th 860. See also People v. Gaines (Cal. App. 5th Dist. June 15, 2023), 93 Cal. App. 5th 91.

[3] California Penal Code 33 PC.

[4] See same.