Definition

Noun: A person who assists, encourages, or advises another person in the planning or preparation of a serious crime (a felony) but is not physically present when the crime is actually carried out.

Usage

This is a specific legal term. It describes a person's role in a crime, categorizing them as a participant even though they did not commit the direct act. Their involvement occurs before the crime takes place.

Examples

• The prosecutor argued that the defendant was an accessory before the fact because he provided the blueprints and tools used in the bank robbery.
• She was charged as an accessory before the fact to murder for helping the killer plan the crime and establish an alibi.
• To convict someone as an accessory before the fact, the state must prove they had knowledge of the intended felony and took steps to facilitate it.

Advanced Usage

• The concept distinguishes between the principal offender (who commits the crime) and those who aid beforehand. In many modern legal codes, this term has been replaced by broader classifications like "accomplice" or specific statutes concerning conspiracy or aiding and abetting.
• The key element is the absence at the scene of the crime. If the person is present, they may be considered a principal or an accessory the fact.

Variants and Related Words

• Accessory (n.): A more general term for a person who assists in a crime. It can be subdivided into "accessory before the fact" and "accessory after the fact" (one who assists after the crime is committed).
• Accomplice (n.): A partner in a crime; often used interchangeably in modern contexts but can include those present during the crime.
• Conspirator (n.): A person involved in a conspiracy, which is an agreement to commit a crime. An accessory before the fact is often also a conspirator.

Synonyms

• Abettor (specifically one who instigates or encourages)
• Instigator
• Plotter
• Facilitator (in a criminal context)

Antonyms

• Principal (in the first or second degree)
• Innocent bystander
• Victim

Noun

1. a person who procures or advises or commands the commission of a felony but who is not present at its perpetration