“Accessory to Crime” – Colorado Law – C.R.S. § 18-8-105

Under Colorado Revised Statute § 18-8-105 C.R.S., you are an accessory to a crime if you knowingly protect a criminal from getting caught, arrested, convicted, or sentenced. This is also called being an accessory after the fact.

The four elements of the crime that Colorado prosecutors must prove beyond a reasonable doubt to convict you of being an accessory are:

1. A crime occurred;
2. You assisted “the principal” (the person who committed the crime);
3. You knew that the principal committed the crime or is a suspect; and
4. You intended to prevent or delay law enforcement from catching and prosecuting the principal.

Specifically, it is a felony to act as an accessory to someone who committed a felony. Meanwhile, acting as an accessory to someone who committed a misdemeanor is a petty offense.

Examples of being an accessory to a crime include:

• Harboring (hiding) a hit-and-run suspect and any witnesses in your home;
• Warning an escaped prisoner that police officers are nearby so that the escapee can try to run away;
• Giving a fugitive cash, a wig, a gun, and a plane ticket to help them avoid arrest;
• Providing false information to law enforcement about a robber’s whereabouts to throw them off the scent; or
• Hiding a first-degree murder suspect’s handgun in your safe so law enforcement officers cannot find it.

In this article, our Denver criminal defense attorneys discuss the following topics related to accessories in Colorado law:

• 1. Criminal Intent
• 2. Rendering Assistance
• 3. Accessory vs Accomplice
• 4. Penalties
• 5. Defenses
• 6. Immigration Consequences
• 7. Record Sealing
• 8. Frequently Asked Questions
• Additional Resources

1. Criminal Intent

The key element of being an accessory in Colorado is that you know that the alleged criminal broke the law and intentionally helped them escape justice. However, if you knew about a crime but did nothing to help the suspected criminal, you are not an accessory.¹

In short, “mere silence” does not rise to the level of acting as an accessory: You have to do something in an attempt to prevent

• an arrest,
• a conviction, or
• imprisonment.

Note that you can be convicted of being an accessory even if the actual perpetrator is never caught, charged, convicted, or sentenced for the underlying crime. This differs from Colorado’s original common law rule, which required criminals to be convicted before their accessories could be charged.²

2. Rendering Assistance

The other key element of being an accessory in Colorado is that you rendered assistance to the principal after the crime occurred. “Rendering assistance” means that you either:

• harbored or concealed the principal, victim, or witness to the crime;
• warned the principal of an impending discovery or arrest (unless you were trying to get them to comply with the law);
• provided the principal with money, transportation, a weapon, a disguise, or other thing for avoiding discovery or apprehension;
• used force, intimidation, or deception to obstruct anyone in the performance of any act which might aid in the discovery, arrest, prosecution, conviction, or punishment of the principal; or
• concealed, destroyed, or altered any physical or testimonial evidence that might aid in the discovery, arrest, prosecution, conviction, or punishment of the principal.³

3. Accessory vs Accomplice

An accomplice in Colorado is someone who abets another person (“the principal”) to commit a criminal offense. This is also called aiding and abetting in the commission of the crime.

In contrast, an accessory is someone who helps the alleged criminal after the crime has already been committed. Hence, the expression: accessory after the fact.

Example: Max robs a jewelry store, and Jack is his getaway driver. After they drive away, they go to their friend Frank’s house, where Frank agrees to hide them from the police. Here, Jack is an accomplice because he is helping Max accomplish the theft. Meanwhile, Frank is an accessory because he is helping Max and Jack to avoid the police after the crime was committed.

Note that prosecutors press the same charges against accomplices and principals. In contrast, accessories usually receive lesser charges than the criminals they allegedly helped.⁴

4. Penalties

Colorado’s punishment for acting as an accessory depends on what offense the alleged criminal committed. The more serious the underlying offense, the more serious the penalties for being an accessory to it.

Being an accessory to a misdemeanor is a petty offense in Colorado. This carries up to 10 days in jail and/or $300 in fines.

Being an accessory to a class 6 felony is a class 6 felony in Colorado. This carries one year to 18 months in Colorado State Prison (plus one year of mandatory parole) and/or $1,000 to $100,000 in fines.

Being an accessory to a class 5 felony, class 4 felony, or class 3 felony is a class 5 felony in Colorado. This carries one to three years in prison (plus two years of mandatory parole) and/or $1,000 to $100,000 in fines.

Being an accessory to a class 2 felony or class 1 felony in Colorado is either a:

• class 5 felony if the other person is merely suspected of or wanted for committing the class 1 or 2 felony. You face one to three years in prison (plus two years of mandatory parole) and/or $1,000 to $100,000 in fines; or
• class 4 felony if the other person has committed, has been convicted of, or is charged with the class 1 or 2 felony. You face two to six years in prison (plus three years of mandatory parole) and/or $2,000 to $500,000 in fines.⁵ 

5. Defenses

From our experience at Colorado Legal Defense Group defending against accessory charges, we found that the following three defenses can be very effective at getting cases reduced or dismissed:

1. You did not render assistance to the other person;⁶
2. You did not know the other person was suspected of, charged with, or convicted of a criminal act; or
3. You did not intend to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person.

If any incriminating evidence emerges through an illegal search and seizure, you can ask the court to suppress that illegally obtained evidence. If the court agrees, then the district attorney may have to dismiss the case for lack of proof beyond a reasonable doubt.

6. Immigration Consequences

Acting as an accessory in certain cases may qualify as a crime involving moral turpitude, which is deportable.⁷ Consequently, non-citizens facing accusations of being an accessory should seek legal counsel to fight the charge. It may be possible to persuade the D.A. to reduce or dismiss the charge.

Learn about the criminal defense of immigrants in Colorado.

7. Record Sealing

In Colorado, felony accessory convictions are sealable from your criminal record three years after the case ends. Petty offense accessory convictions are sealable one year after the case ends.

If the charge gets dismissed – meaning that there was no conviction – then there is no waiting period before you can petition for a record seal.⁸ Learn how to seal Colorado criminal records (which is different from expungements).

Frequently Asked Questions

What is the difference between being an accessory and an accomplice to a crime?

An accomplice helps someone commit a crime while it is happening (like being a getaway driver during a robbery). An accessory helps someone after the crime is already finished (like hiding them from police or giving them money to flee). Accomplices face the same charges as the main criminal, while accessories usually get lesser penalties.

Can I be charged as an accessory if I just knew about a crime but did not do anything?

No, simply knowing about a crime and staying silent does not make you an accessory in Colorado. You must actively help the person avoid arrest, prosecution, or punishment. This means doing things like hiding them, warning them about police, giving them money or transportation, or destroying evidence.

What penalties do I face if convicted of being an accessory to a crime?

The penalties depend on the original crime. If you help someone who committed a misdemeanor, it is a petty offense with up to 10 days in jail and/or $300 in fines. If you help someone who committed a felony, you could face one to six years in prison and fines ranging from $1,000 to $500,000, depending on the felony class.

How long do I have to wait to seal an accessory conviction from my record?

You can petition to seal a petty offense accessory conviction one year after your case ends. For felony accessory convictions, you must wait three years. If your charges were dismissed (meaning no conviction), there is no waiting period and you can petition to seal your record immediately.

Additional Resources

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.

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Legal References