What is an “accessory after the fact” in Nevada?

Posted on February 11, 2022

Under Nevada criminal law, an accessory after the fact is a person that helps a criminal escape prosecution or a jail or prison sentence.

1. How does Nevada law define a “principal” and an “accessory”?

Nevada law recognizes two types of parties to a criminal offense. These are:

1. principals, who are the people who actually commit a crime, and
2. accessories after the fact (or “accessories”), who are people who hide, aid, or otherwise help principals avoid arrest, trial, conviction, or punishment for the crime.¹

In sum, accessories after the fact assist principals in escaping prosecution or sentencing for a past offense. Typical examples of accessory behavior include:

• concealing a principal,
• throwing out evidence of a crime,
• helping fugitives run away, and
• telling lies to the police.

Note that people are not considered accessories under Nevada law if they are related to the principal, such as a:

• spouse,
• sibling,
• parent,
• grandparent,
• child, or
• grandchild.

Also, note that no accessories exist in misdemeanor cases. Only felonies and gross misdemeanors can have accessories in Nevada.

2. Can an alleged accessory raise a legal defense?

Yes. A person accused of serving as an accessory after the fact can challenge the accusation with a legal defense.

Common defenses to these charges include that the defendant:

• acted under duress,
• was merely a bystander mistaken as an accessory, or
• lacked any knowledge of the principal’s crime.

3. What are the penalties for being an accessory after the fact?

The punishment for acting as an accessory to a felony crime includes:

• 1 – 5 years in Nevada State Prison, and
• maybe up to $10,000 in fines.²

The punishment for acting as an accessory to a gross misdemeanor carries:

• 30 days – 6 months in jail, and/or
• $100 – $500 in fines.³

Being an accessory is different from being a conspirator. Whereas conspiracies consist of two or more people who agree to commit a crime, accessories act after the crime is committed and without having to agree with anyone.

Legal References:

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.