In Pennsylvania, there is no such thing as accessory after the fact. However, the state does recognize the offense of hindering apprehension or prosecution, which is similar to accessory after the fact. This offense involves knowingly aiding someone who has committed a crime to avoid arrest, trial, or punishment. In this blog post, we will discuss the offense of hindering apprehension or prosecution in Pennsylvania and the commonwealth’s burden of proof in such cases.
Hindering apprehension or prosecution is defined under 18 Pa. C.S. § 5105 as knowingly harboring, concealing, or aiding a person who has committed a crime, with the intent to hinder their apprehension, trial, or punishment. The offense is punishable by up to seven years in prison and significant fines.
The key difference between accessory after the fact and hindering apprehension or prosecution is that the latter requires the prosecutor to prove that the defendant knew that the person being aided was wanted for arrest, trial, or punishment. In other words,
the commonwealth must demonstrate that the defendant knew that the person they were helping had committed a crime and was wanted by law enforcement. If the prosecutor cannot prove this knowledge, the defendant cannot be convicted of hindering apprehension or prosecution.
Additionally, the commonwealth must prove that the defendant actually aided the person who committed the crime. This can include hiding the person, providing them with transportation, or helping them evade capture. Mere association with someone who has committed a crime is not enough to establish the offense of hindering apprehension or prosecution.
To illustrate the requirements for a hindering apprehension or prosecution conviction, consider the following example:
Example: John knows that his friend Bob has committed a crime and is wanted by the police. John drives Bob to a location where he can hide from the police. The commonwealth can prove that John had knowledge of Bob’s criminal activity and that he aided Bob in avoiding arrest. As a result, John could be charged with hindering apprehension or prosecution.
Certainly, there are situations where someone might help another person without being guilty of hindering apprehension or prosecution. Here is an example:
Example: John has a friend Bob who confides in him that he has committed a crime. However, John does not believe Bob and thinks he is joking or exaggerating. Later, Bob calls John and asks for a ride to the airport, claiming he needs to catch a flight. John
agrees to give him a ride. Unknown to John, Bob is actually fleeing from the police, who are actively searching for him. In this case, John did not know that Bob was wanted by the police, and he did not provide aid with the intent to hinder Bob’s apprehension, trial, or punishment. Therefore, John would not be guilty of hindering apprehension or prosecution, even though he helped Bob.
Another example would be when there is an altercation or even a shoot out where Bob participated in it and John saw Bob do it. However, in the midst of the altercation or shoot out or immediately or nearly immediately afterwards, John whisks Bob away in his car to safety. There is no intent to avoid apprehension or prosecution. The intent is to get Bob away from possible harm or death. Further, John arguably doesn’t know a crime actually occurred as it may be a case of self defense. Under these types of circumstances as well as others like it, the government wouldn’t be able to prove John guilty.
In conclusion, while there is no such thing as accessory after the fact in Pennsylvania, the offense of hindering apprehension or prosecution serves a similar purpose. To convict someone of this crime, the commonwealth must prove that the defendant had knowledge of the person’s criminal activity and that they actually aided the person in avoiding arrest, trial, or punishment. If you are facing charges for hindering apprehension or prosecution, it is essential to seek the advice of an experienced criminal defense attorney who can help you understand your legal rights and options. A knowledgeable attorney can guide you through the legal process and work to protect your rights and interests throughout the proceedings.
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