Accessories After The Fact – Nevada Law – NRS § 195.030

Nevada Revised Statute § 195.030 makes it a crime to be an accessory to a crime, commonly called “accessory after the fact.” Depending on the case, acting as an accessory can include knowingly destroying evidence or helping the perpetrator hide or escape.

Penalties

• Accessory to a felony (generally):  Category C felony, carrying 1 to 5 years in prison and up to $10,000.
• Accessory to a felony (for certain relatives):  Gross misdemeanor, carrying up to 364 days in jail and/or $2,000.
• Accessory to a gross misdemeanor:  Misdemeanor, carrying 30 days to 6 months in jail and/or a $100 to $500 fine.

Defenses

• Lack of awareness:  You were not aware that a crime had occurred.
• Lack of action:  You did nothing to help the perpetrator after the fact escape justice.
• Duress:  You helped only because you were threatened with serious and imminent harm.

In our experience, accessory allegations often arise from actions that may initially seem minor, such as giving someone a ride, providing a place to stay, or disposing of an item. Depending on the available evidence, prosecutors may have difficulty proving that you knew the offender committed a felony or that you intended to help them avoid justice.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding accessories after the fact in Nevada law:

• 1. Elements of NRS 195.030
• 2. Difference from Aiding and Abetting
• 3. Defenses
• 4. Penalties
• 5. Related Offenses
• Frequently Asked Questions

1. Elements of NRS 195.030

Whereas a principal carries out — or helps to carry out — the commission of a crime,¹ an accessory is someone who helps them after the crime occurred in an effort to keep them from being brought to justice.

For you to be convicted of being an accessory to a felony crime in Nevada, prosecutors have the burden to prove beyond a reasonable doubt the following three elements:

1. You are not the principal’s spouse or domestic partner; and
2. After the principal committed the felony, you either:
   • destroyed, concealed, or aided in the destruction or concealment of material evidence, or
   • harbored or concealed the principal with intent that the principal avoid or escape arrest, trial, conviction, or punishment; and
3. You knew the principal committed a felony or is liable to arrest.

For you to be convicted of being an accessory to a gross misdemeanor crime in Nevada, prosecutors have the burden to prove beyond a reasonable doubt the following four elements:

1. You are not the principal’s spouse, domestic partner, brother, sister, parent, grandparent, child, or grandchild; and
2. After the principal committed the gross misdemeanor, you harbored, concealed, or aided the principal; and
3. Your intent was for the principal to avoid or escape arrest, trial, conviction or punishment; and
4. You knew the principal committed a gross misdemeanor or is liable to arrest.²

In short, accessories assist principals in avoiding apprehension, prosecution, or sentencing for a past felony or gross misdemeanor. There are no accessories to misdemeanors or civil infractions in Nevada.

Example: After committing a burglary, which is a felony, Harry gives John the clothing and tools used in the crime. John knows about the burglary and destroys the items so police cannot use them as evidence. John may be prosecuted as an accessory to the felony.

Other examples of acting as an accessory are:

• hiding a fugitive in a basement,
• cleaning blood from a crime scene, or
• lying to police to help the perpetrator avoid arrest.

2. Difference from Aiding and Abetting

In Nevada, the difference between being an accessory and aiding and abetting is timing. Helping a criminal carry out a crime before the criminal activity has ended is aiding and abetting. Helping an alleged criminal after the criminal activity has ended is being an accessory.³

Example: Bob goes into a convenience store in Henderson and holds up the cashier. His friend Fred, who is in the store at the time, decides to help Bob by taking the cash from the cash register. After Fred and Bob escape with the money, they flee to the house of their friend Andy, whom they then inform about the robbery. Andy then offers to hide the loot.

If caught, Bob, Fred, and Andy could all be booked at the Henderson Detention Center. Bob would be charged with robbery. Since Fred aided Bob during the hold-up, he would be charged with robbery as well. Since Andy helped Bob and Fred after the robbery had ended, Andy would just be charged with being an accessory under Nevada state law.

Note that being an accessory is also distinct from being a conspirator. The legal definition of a conspiracy is an agreement by two or more people to commit a crime. Meanwhile, you may act as an accessory without making an agreement with anyone.⁴

3. Defenses

Here at Las Vegas Defense Group, we have represented countless people accused of acting as an accessory after the fact. In our experience, the following three defenses have proven effective with prosecutors, judges, and juries in getting NRS 195.030 reduced or dismissed:

1. You were not aware of the principal’s crime. Helping or concealing a criminal is not a crime unless you were aware at the time that you were helping or concealing a criminal. If the D.A. cannot prove that you knew that you were aiding someone in escaping prosecution, the criminal case should be dropped.
2. You were just a bystander. It is not illegal to witness or learn of a crime and then do nothing about it unless you have a legal duty to report it (such as a physician suspecting a child is a victim of abuse). As long as you took no affirmative steps to help the alleged criminal get away with the crime, there is no accessory liability.
3. You acted under duress. Nevada law recognizes duress as a defense when threats or menaces gave you reasonable cause to believe—and you actually believed—that refusing to assist would endanger your life or cause you great bodily harm.⁵

Other typical defenses to accessory charges include that you were falsely accused or that you were a victim of mistaken identity. In any case, the prosecution has the burden to prove guilt beyond a reasonable doubt in order to sustain a conviction.

4. Penalties

The Nevada punishment for acting as an accessory after the fact depends on whether you were allegedly an accessory to a felony or a gross misdemeanor.

Acting as an accessory to a felony is usually prosecuted as a category C felony, carrying a sentence of:

• 1 to 5 years in Nevada State Prison and
• up to $10,000 in fines (at the court’s discretion).

However, being an accessory to a felony is prosecuted as only a gross misdemeanor if you are the principal’s brother or sister, parent or grandparent, child or grandchild. The penalties for this lesser crime are:

• up to 364 days in jail and
• up to $2,000 in fines.

Meanwhile, acting as an accessory to a gross misdemeanor is usually prosecuted as a misdemeanor, carrying a sentence of:

• 30 days to 6 months in county jail and/or
• $100 to $500 in fines (at the court’s discretion).⁶

Note that immigrants convicted of being an accessory may face deportation depending on the case.

5. Related Offenses

Acting as an accessory may involve lying to the police. Consequently, a suspected accessory may face such additional Nevada charges as the following:

• Offering false evidence (NRS 199.210) – a category D felony carrying a prison sentence of 1 to 4 years and possibly up to $5,000.
• Resisting arrest (NRS 199.280) – a misdemeanor carrying up to 6 months in jail and/or $1,000 in fines (as long as no dangerous weapon is involved).
• Obstructing a public officer (NRS 197.190) – a misdemeanor carrying up to 6 months in jail and/or $1,000 in fines.

We see accessory charges most often in cases involving the following crimes:

• Kidnapping (NRS 200.310) – unlawfully seizing, confining, abducting, concealing, or carrying away another person for a prohibited purpose.
• Felony murder (NRS 200.030) – causing a death while committing or attempting to commit one of the felonies specified in Nevada’s first-degree murder statute.
• Bank robbery (18 USC 2113) – stealing from a bank.
• Gang crimes (NRS 193.168) – committing a crime in furtherance of a gang.
• Carjacking (NRS 205.228, 200.380 & 200.471) – stealing a car from a driver or passenger.

Frequently Asked Questions

Is being an accessory after the fact the same as aiding and abetting?

No. A person who helps commit a crime before or while it is happening may be treated as a principal under NRS 195.020 and face the same charge as the person who directly committed it. An accessory under NRS 195.030 becomes involved only after the felony or gross misdemeanor has been completed.

The timeline can determine how serious the charges are. We closely examine messages, surveillance footage, witness statements, and other evidence to establish when the defendant allegedly became involved.

Can I be convicted as an accessory if the principal offender is never convicted?

Yes. Under NRS 195.040, an accessory may be prosecuted even if the principal offender has not been convicted, cannot be brought to justice, or was pardoned or otherwise discharged after conviction. However, the state must still prove that the underlying felony or gross misdemeanor occurred and that the defendant satisfied the elements of accessory liability.

We often remind clients that their case does not automatically disappear merely because the alleged principal has not been arrested or convicted. The prosecution’s inability to prove the underlying crime may nevertheless provide a strong defense.

Is knowing about a crime enough to make me an accessory?

No. Mere knowledge of a crime generally does not make someone an accessory under NRS 195.030. The person must take an action prohibited by the statute, such as destroying or concealing material evidence or knowingly harboring or concealing an offender with the required intent.

In our experience, police sometimes interpret friendship, silence, or ordinary assistance as evidence of guilt. We look for evidence showing that the defendant did not take an affirmative step to conceal the offender or material evidence.

Can lying to the police make me an accessory after the fact?

Potentially. A lie intended to conceal an offender or help that person avoid arrest, trial, conviction, or punishment may support an accessory charge, depending on what was said and the surrounding circumstances. False statements may also expose someone to separate criminal charges.

We advise people not to guess, lie, or attempt to explain another person’s conduct during police questioning. You generally have the right to remain silent and consult an attorney rather than risk having an inaccurate statement used against you.

Can destroying evidence make me an accessory to a felony?

Yes. A person may be an accessory to a felony by knowingly destroying, concealing, or helping destroy or conceal material evidence after the felony. The person must know that the offender committed a felony or is liable to arrest.

In our experience, disputes often center on whether the item was actually material evidence and whether the defendant knew about the alleged felony. Accidentally discarding an item or disposing of something without the required knowledge is not the same as knowingly concealing evidence.

Can a family member be charged as an accessory in Nevada?

It depends on the relationship and the underlying offense.

A spouse or registered domestic partner is exempt from accessory liability for the other person’s felony. A sibling, parent, grandparent, child, or grandchild may be convicted as an accessory to a felony, but the accessory charge is reduced from a felony to a gross misdemeanor. All of these listed relatives are exempt when the underlying crime is only a gross misdemeanor.

We tell clients not to assume that a family relationship prevents every prosecution. Even when NRS 195.030 provides an exemption or reduced classification, conduct such as destroying evidence may potentially violate a different Nevada statute.

What are the penalties for being an accessory after the fact in Nevada?

An accessory to a felony is ordinarily guilty of a category C felony carrying one to five years in Nevada State Prison and a possible fine of up to $10,000.

A sibling, parent, grandparent, child, or grandchild who is an accessory to a felony instead commits a gross misdemeanor carrying up to 364 days in jail and/or up to $2,000.

Finally, an accessory to a gross misdemeanor faces 30 days to six months in jail, a fine of $100 to $500, or both.

The underlying offense and the defendant’s relationship to the principal must be identified before anyone can accurately assess the sentencing exposure. Negotiations may focus on reducing or dismissing the charge when the evidence of knowledge, intent, or affirmative assistance is weak.

Can someone be an accessory to a simple misdemeanor in Nevada?

Not under NRS 195.030. Nevada’s accessory statute applies after the commission of a felony or gross misdemeanor; it does not create accessory after the fact liability for an ordinary misdemeanor. Other criminal statutes could still apply to the person’s conduct.

The precise classification of the underlying offense makes an important difference. We always verify the alleged principal offense rather than assume that every attempt to help someone supports an accessory charge.

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