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The criminal act element required for an accessory in the majority of jurisdictions is aiding or assisting a principal in escape, concealment, or evasion of arrest and prosecution or conviction after the principal commits a felony. 1 In most states, a defendant cannot be an accessory to a misdemeanor, although in some states a defendant can be an accessory to a high-level or gross misdemeanor. 2 In a minority of states, the defendant can be an accessory to any crime. 3
In many states, words are enough to constitute the accessory criminal act element. 4 Often special categories of individuals are exempted from liability as an accessory, typically family members by blood or marriage. 5
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