Florida Statutes

Fla. Stat. § 777.03 (2025)

Accessory after the fact.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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777.03 Accessory after the fact.—

(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.

History.—s. 6, sub-ch. 11, ch. 1637, 1868; RS 2356; GS 3180; RGS 5010; CGL 7112; s. 700, ch. 71-136; s. 65, ch. 74-383; s. 13, ch. 95-184; s. 16, ch. 97-194; s. 15, ch. 99-168; s. 2, ch. 2006-237.

Note.—Former s. 776.03.

Arrestable Offenses under F.S. 777.03

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8577F · 1st

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8582M · 1st

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8581F · 3rd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8580F · 3rd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8579F · 2nd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8578F · 2nd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8409F · 3rd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8408F · 3rd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8407F · 2nd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8405F · 1st

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8406F · 2nd

§777.03PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8410M · 1st

§777.03(1a)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10828M · 2nd

§777.03(1a)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT 3RD DEG FEL RANK 1-2M · 1st

§777.03(1a)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT 3RD DEG FEL RANK 3-10F · 3rd

§777.03(1b)PUBLIC ORDER CRIMESACCESS AFT FACT 3DEG FEL RNK 3-10 INVOLV CHILDF · 3rd

§777.03(1b)PUBLIC ORDER CRIMESACCESSORY AFTER FACT CAPITAL FEL INVOLVE CHILDF · 1st

§777.03(1b)PUBLIC ORDER CRIMESACCESSORY AFTER FACT LIFE FELONY INVOLVE CHILDF · 2nd

§777.03(1b)PUBLIC ORDER CRIMESACCESSORY AFTER FACT 2ND DEG FEL INVOLVE CHILDF · 3rd

§777.03(1b)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10829M · 2nd

§777.03(1b)PUBLIC ORDER CRIMESACCESS AFT FACT 3DEG FEL RNK 1-2 INVOLVE CHILDM · 1st

§777.03(1b)PUBLIC ORDER CRIMESACCESSORY AFTER FACT 1ST DEG FEL INVOLVE CHILDF · 2nd

§777.03(1c)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT SECOND DEGREE FELONYF · 3rd

§777.03(1c)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT FIRST DEGREE FELONYF · 2nd

§777.03(1c)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT LIFE FELONYF · 2nd

§777.03(1c)PUBLIC ORDER CRIMESACCESSORY AFTER THE FACT CAPITAL FELONYF · 1st

§777.03(2a)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9342F · 1st

§777.03(2b)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9344F · 2nd

§777.03(2b)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9343F · 2nd

§777.03(2c)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9334F · 3rd

§777.03(2c)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9345F · 3rd

§777.03(2d)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9335M · 1st

Notes of Decisions

Cited in 73 cases (4 in the last 5 years), 1977–2026 · leading case: Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001).

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Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001). · cites it 7× “§ 777.03, Fla. Stat. (1993); Staten, 519 So.”

Staten v. State, 519 So. 2d 622 (Fla. 1988). · cites it 5× “See § 777.03, Fla. Stat. (1985). [3] At common law, the terms "principal" and "accessory" merely expressed the relation of the party to the crime.”

Bradley v. State, 787 So. 2d 732 (Fla. 2001). · cites it 2× “1992); see generally § 777.03(3), Fla. Stat. (1995) (conspiracy statute); § 782.”

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). · cites it 4× “In 1957, the Florida Legislature eliminated such distinctions (except for accessory after the fact, which still exists, see § 777.03, Fla. Stat. (1981); Staten v. State, 519 So.”

Coleman v. State, 485 So. 2d 1342 (Fla. 1st DCA 1986). · cites it 5× “He relies primarily upon the following language in Section 777.03, Florida Statutes: "Whoever, 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, maintains or assists the…”

Baker v. State, 4 So. 3d 758 (Fla. 1st DCA 2009). · cites it 8× “the offender any other aid, knowing that Daryl Cortez Black had committed the felony of Second Degree Murder with a Firearm, with the intent that Daryl Cortez Black should avoid or escape detection, arrest, trial or punishment and the defendant was not in relation of husband or…”

Donaldson v. State, 722 So. 2d 177 (Fla. 1998). · cites it 2× “§ 777.03, Fla. Stat. (1993). We have explicitly held that by legal definition, a person convicted as a principal to a crime cannot also be convicted as an accessory after the fact to the same crime, since these two offenses are mutually exclusive.”

Ruiz v. State, 388 So. 2d 610 (Fla. 3d DCA 1980). · cites it 4× “[3] The crime of accessory after the fact is statutorily defined as follows: Whoever, 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, maintains or assists the principal…”

Jackson v. State, 513 So. 2d 1093 (Fla. 1st DCA 1987). · cites it 4× “The final point upon which we comment involves Jackson's claim that the trial court's unwillingness to grant his request for an instruction that the state's witness, Paulette Sewell, was an accomplice, and hence an accessory after the fact within the meaning of section 777.03,…”

LeCroy v. State, 533 So. 2d 750 (Fla. 1988). · cites it 2× “§ 777.03, Fla. Stat. (1979). [4] § 921.141(5)(b), Fla.”

Florida Bar Re Stand. Jury Instructions—Crim., 508 So. 2d 1221 (Fla. 1987). · cites it 2× “04(c) ENTRAPMENT, deleting the last paragraph of the instruction and substituting the following: “On the issue of entrapment, the State must convince you beyond a reasonable doubt that the defendant was not entrapped”; (12) A new instruction on ACCESSORY AFTER THE FACT, F.S.…”

Davis v. State, 436 So. 2d 196 (Fla. 4th DCA 1983). · cites it 2× “011, Florida Statutes (1979), but, in the alternative, as an accessory after the fact pursuant to Section 777.03, Florida Statutes (1979). Had the state done so in this case, the needless expenditure of time and effort would have been avoided.”

Show all 73 citing cases →

— 777.03(1) — 7 cases

Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001). “§ 777.03, Fla. Stat. (1993); Staten, 519 So.”

Baker v. State, 4 So. 3d 758 (Fla. 1st DCA 2009). “the offender any other aid, knowing that Daryl Cortez Black had committed the felony of Second Degree Murder with a Firearm, with the intent that Daryl Cortez Black should avoid or escape detection, arrest, trial or punishment and the defendant was not in relation of husband or…”

Ramos v. State, 696 So. 2d 461 (Fla. 4th DCA 1997).

Bowen v. State, 868 So. 2d 541 (Fla. 2d DCA 2003).

Enoch v. State, 95 So. 3d 344 (Fla. 1st DCA 2012).

— 777.03(1)(a) — 1 case

In re Stand. Jury Instructions in Crim. Cases—Report No. 2007-08, 995 So. 2d 489 (Fla. 2008).

— 777.03(1)(b) — 2 cases

In re Stand. Jury Instructions in Crim. Cases—Report No. 2007-08, 995 So. 2d 489 (Fla. 2008).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-02., 256 So. 3d 1316 (Fla. 2018).

— 777.03(1)(c) — 2 cases

Joshua Nathaniel Peart v. State of Florida (Fla. 4th DCA 2023).

State of Florida v. Johnny Wesley (Fla. 6th DCA 2026).

— 777.03(2) — 1 case

Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001). “§ 777.03, Fla. Stat. (1993); Staten, 519 So.”

— 777.03(2)(c) — 1 case

JW v. Leitner, 801 So. 2d 295 (Fla. 2d DCA 2001).

— 777.03(3) — 2 cases

Bradley v. State, 787 So. 2d 732 (Fla. 2001). “1992); see generally § 777.03(3), Fla. Stat. (1995) (conspiracy statute); § 782.”

State v. Spioch, 706 So. 2d 32 (Fla. 5th DCA 1998).

— 777.03(c) — 1 case

State v. Edwards, 146 So. 3d 87 (Fla. 3d DCA 2014).

— 777.03(l)(a) — 1 case

Wilson v. State, 824 So. 2d 335 (Fla. 4th DCA 2002).

— 777.03(l)(c) — 1 case

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