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Florida statute

Fla. Stat. § 777.03 — Accessory after the fact

Current through 2025 Florida Statutes

Part of Chapter 777: Principal; Accessory; Attempt; Solicitation; Conspiracy, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 777.03

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 777.03Primary source, current through the 2025 Florida Statutes
(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.(b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.(c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact. (2)(a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Except as otherwise provided in s. 921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

Official sources

Legal terms used in this section

Questions this section answers

Is accessory after the fact a felony or a misdemeanor in Florida?

It depends on the circumstances: accessory after the fact ranges from a Misdemeanor of the First Degree to a Felony of the First Degree in Florida under Fla. Stat. § 777.03.

Accessory after the fact — underlying capital felony: Felony of the First Degree (Fla. Stat. § 777.03(2)(a)) · Accessory after the fact — underlying life felony or first degree felony: Felony of the Second Degree (Fla. Stat. § 777.03(2)(b)) · Accessory after the fact — underlying second degree felony or higher-level third degree felony: Felony of the Third Degree (Fla. Stat. § 777.03(2)(c)) · Accessory after the fact — underlying low-level third degree felony: Misdemeanor of the First Degree (Fla. Stat. § 777.03(2)(d))

Which Florida statute covers accessory after the fact?

Accessory after the fact is governed by Fla. Stat. § 777.03 (Accessory after the fact).

This reference is informational and is not legal advice.