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Subdivision 1.Definition of crime.
(a) Whoever harbors, conceals, aids, or assists by word or acts another whom the actor knows or has reason to know has committed a crime under the laws of this or another state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both if the crime committed or attempted by the other person is a felony.
(b) Whoever knowingly harbors, conceals, or aids a person who is on probation, parole, or supervised release because of a felony level conviction and for whom an arrest and detention order has been issued, with intent that the person evade or escape being taken into custody under the order, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both. As used in this paragraph, "arrest and detention order" means a written order to take and detain a probationer, parolee, or supervised releasee that is issued under section 243.05, subdivision 1; 244.195; or 401.025.
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Subd. 3.Obstructing investigation.
Whoever intentionally aids another person whom the actor knows or has reason to know has committed a criminal act, by destroying or concealing evidence of that crime, providing false or misleading information about that crime, receiving the proceeds of that crime, or otherwise obstructing the investigation or prosecution of that crime is an accomplice after the fact and may be sentenced to not more than one-half of the statutory maximum sentence of imprisonment or to payment of a fine of not more than one-half of the maximum fine that could be imposed on the principal offender for the crime of violence. For purposes of this subdivision, "criminal act" means an act that is a crime listed in section 609.11, subdivision 9, under the laws of this or another state, or of the United States, and also includes an act that would be a criminal act if committed by an adult.
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Subd. 4.Taking responsibility for criminal acts.
(a) Unless the person is convicted of the underlying crime, a person who assumes responsibility for a criminal act with the intent to obstruct, impede, or prevent a criminal investigation may be sentenced to not more than one-half of the statutory maximum sentence of imprisonment or to payment of a fine of not more than one-half of the maximum fine that could be imposed on the principal offender for the criminal act.
(b) Nothing in this subdivision shall be construed to impair the right of any individual or group to engage in speech protected by the United States Constitution or the Minnesota Constitution.
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Subd. 5.Venue.
An offense committed under subdivision 1 or 3 may be prosecuted in:
(1) the county where the aiding or obstructing behavior occurred; or
(2) the county where the underlying criminal act occurred.
Notes of Decisions
Cited in
34
cases (
4 in the last 5 years), 1971–2024 · leading case:
State v. Skipintheday, 717 N.W.2d 423 (Minn. 2006).
State v. Skipintheday, 717 N.W.2d 423 (Minn. 2006).
· cites it 13× “Skipintheday pleaded guilty under Minn. Stat. § 609.495 , subd. 3 (2004), to three counts of being an accomplice after-the-fact to crimes arising from a three-victim shooting in Redwood Falls, Minnesota, on July 12, 2003.”
State v. Kenard, 606 N.W.2d 440 (Minn. 2000).
· cites it 28× “Appellant Deborah Ann Kenard was convicted of one count of aiding an offender under Minn.Stat. § 609.495, subd. 1 (1998) and one count of aiding an offender under Minn.”
State v. Leja, 684 N.W.2d 442 (Minn. 2004).
· cites it 8× “" See Minn.Stat. § 609.495, subd. 3 (2002). [2] At sentencing the district court concluded that the conviction for accessory after the fact could be sentenced separately because that offense was "not part of the same behavioral incident as the murder," and because the offense of…”
State v. Flowers, 788 N.W.2d 120 (Minn. 2010).
· cites it 6× “Flowers requested that the district court instruct the jury regarding the crime of aiding an offender after the fact under Minn.Stat. § 609.495 (2008). The State objected to giving this instruction.”
State v. Ulvinen, 313 N.W.2d 425 (Minn. 1981).
· cites it 4× “See Minn.Stat. § 609.495, subd. 2 (1980). The jury might well have considered appellant's conduct in sitting by while her son dismembered his wife so shocking that it deserved punishment.”
State v. Boettcher, 931 N.W.2d 376 (Minn. 2019).
· cites it 4× “Klennert subsequently pleaded guilty to aiding an offender (obstructing investigation), Minn. Stat. § 609.495 , subd. 3 (2018). The item found in the back of Boettcher's truck was a red Homelite-brand generator.”
Larson v. Dunn, 460 N.W.2d 39 (Minn. 1990).
· cites it 4× “Thus, Olson would not, without more, fall within this tort's ambit.”
State v. Hager, 727 N.W.2d 668 (Minn. Ct. App. 2007).
· cites it 7× “Minn.Stat. § 609.495, subd. 1(a). 1 The district court instructed the jury on the crime of aiding an offender, in pertinent part, as follows: The elements of aiding an offender are: First, Samuel Hager committed a crime.”
State of Minnesota v. Adaiah Deontraie Townsend, 872 N.W.2d 758 (Minn. Ct. App. 2015).
· cites it 8× “* Appellant argues that the district court erred by denying his motion to withdraw his guilty plea to the offense of aiding an offender after the fact, Minn.Stat. § 609.495, subd. 3 (2012), when a jury subsequently found the principal offender not guilty of the underlying…”
State v. Graham, 764 N.W.2d 340 (Minn. 2009).
· cites it 2× “In moving to have independent counsel appointed for the alibi witnesses, the State argued that “if the statements [the two witnesses] already provided prove to be false, they could be both be charged with aiding an offender [under Minn.Stat. § 609.495 (2008)], and the sentence…”
State v. Ferguson, 742 N.W.2d 651 (Minn. 2007).
· cites it 2× “See Minn.Stat. § 609.495, subd. 3 (2006). 2 .”
State v. Skipintheday, 704 N.W.2d 177 (Minn. Ct. App. 2005).
· cites it 6× “Minn.Stat. § 609.495, subd. 3 (2002). Skipintheday admitted that, after the shootings, he made false statements to the police and he hid Mata’s pistol and ammunition.”
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