Massachusetts General Laws

Mass. Gen. Laws ch. 274, § 4 (2026)

Accessories after fact; punishment; relationship as defence; cross-examination; impeachment

✓ current as of July 2026

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Section 4. Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defence to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.

Notes of Decisions

Cited in 44 cases (4 in the last 5 years), 1925–2025 · leading case: Commonwealth v. Perez, 770 N.E.2d 428 (Mass. 2002).

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Commonwealth v. Perez, 770 N.E.2d 428 (Mass. 2002). · cites it 9× “G. L. c. 274, § 4. The defendant was convicted on two indictments charging him with being an accessory after the fact to assault and battery by means of a dangerous weapon, based on his assistance to two perpetrators of a drive-by shooting in which two victims were wounded.”

Commonwealth v. Iacoviello, 90 Mass. App. Ct. 231 (Mass. App. Ct. 2016). · cites it 4× “269, § 10(a), but guilty of being an accessory after the fact, G. L. c. 274, § 4. The defendants appeal, raising issues they preserved during the proceedings below.”

Commonwealth v. Rivera, 121 N.E.3d 1121 (Mass. 2019). · cites it 6× “*1123 **145 The issue presented on appeal is whether a defendant who witnessed a killing may be found guilty as an accessory after the fact to murder, in violation of G. L. c. 274, § 4, where the only "aid" or "assistance" alleged is that the defendant made false and misleading…”

Attorney Gen. v. Desilets, 636 N.E.2d 233 (Mass. 1994). · cites it 2× “, dissenting)]); G.L.c. 274, § 4 (1992 ed.) (spouse has defense against charge of being an accessory after the fact for harboring, concealing, or assisting spouse before or after spouse perpetrated a felony).”

Three Juveniles v. Commonwealth, 455 N.E.2d 1203 (Mass. 1983). · cites it 2× “See G.L.c. 274, § 4 (exemption of certain family members from criminal liability as accessories after the fact for harboring a family member after his commission of a felony).”

Commonwealth v. Mahoney, 540 N.E.2d 179 (Mass. 1989). · cites it 3× “The parties’ briefs do not discuss the significance, if any, of G. L. c. 274, § 4 (1986 ed.), on the question of the sufficiency of the evidence.”

Commonwealth v. Edwards, 830 N.E.2d 158 (Mass. 2005). “268, § 3); perjury; and being an accessory after the fact (G. L. c. 274, § 4). Tyrone Brown was charged with assault and battery by means of a dangerous weapon; peijury; and accessory after the fact.”

Commonwealth v. Britto, 744 N.E.2d 1089 (Mass. 2001). “Howard Allen was convicted of being an accessory after the fact to murder and robbery, G. L. c. 274, § 4, following his joint trial with the defendant.”

Silva v. Garland, 27 F.4th 95 (1st Cir. 2022). · cites it 2× “" Mass. Gen. Laws ch. 274, § 4 . That statute covers substantially the same conduct as that proscribed by the federal accessory- after-the-fact statute.”

United States v. Sandoval, 6 F.4th 63 (1st Cir. 2021). “Relying on these definitions, the government argues that accessory after the fact to attempted murder under Massachusetts law -- because it requires that the offending conduct occur "after the commission of a felony" and with the knowledge that the principal "has committed a…”

Commonwealth v. Barnes, 340 N.E.2d 863 (Mass. 1976). · cites it 3× “We hold: (1) The evidence presented a jury issue whether the defendant was the wife of the principal murderer, entitled to a defense of affinity under G. L. c. 274, § 4, 1 as appearing in St. 1943, c.”

Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “See G. L. c. 274, § 4 (providing defense to prosecution for accessory after fact for defendant who is “by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender”); G.”

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