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20 J. Fam. L. 105 (1981-1982)
Family Member Exemption for Accessory after the Fact

handle is hein.journals/branlaj20 and id is 113 raw text is: NOTES FAMILY MEMBER EXEMPTION FOR ACCESSORY AFTER THE FACT I. INTRODUCTION This Note will examine the family member exemption from prosecution as an accessory after the fact. At common law, harboring, concealing, or rendering aid or comfort to fugitives constituted the crime of accessory after the fact.' The common law rule permitted the accessory to be pun- ished as severely as the principal. Under modern concepts the crime is an independent substantive offense and the ac- cessory is generally punished less severely than the princi- pal.' At common law one could only be an accessory after the fact to a felony. Many modern codes allow one to be an accessory after the fact to any crime.' The term accessory after the fact is not retained in many jurisdictions. Offenses in modern codes include: hindering apprehension or prose- cution,6 concealing or aiding a fugitive,7 assisting a crimi- nal,5 harboring or aiding a felon,' rendering criminal assis- tance,0 aiding an offender to avoid arrest,' and accessory G. Dix & M. SHARLoT, BASIC CIMINAL LAW 250 (2d ed. 1980). MODEL PENAL CODE § 208.32, Comment 6 (Tent. Draft No. 9, 1959). 3 Id. Fourteenth Report of the Judicial Council of Massachusetts, 24 MAss. L.Q. 1, 26 (1939). 6 For an example see ILL. ANN. STAT. ch. 38, § 31-5 (Smith-Hurd 1977). 6 ARK. STAT. ANN. § 41-2805 (1977). ' ILL. ANN. STAT. ch. 38, § 31-5 (Smith-Hurd 1977). 8 IND. CODE ANN. § 35-44-3-2 (Burns 1979). * N.M. STAT. ANN. § 30-22-4 (1978). 10 WASH. REV. CODE ANN. § 9A.76.070 (1977). MINN. STAT. ANN. § 609.495 (West 1964). 105

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