(1) A person is guilty of being an accessory to felony if with intent to interfere with, hinder, delay, or prevent the discovery, apprehension, prosecution, conviction, or punishment of another for an offense, he or she:
(a) Harbors or conceals the other;
(b) Provides or aids in providing a weapon, transportation, disguise, or other means of effecting escape or avoiding discovery or apprehension;
(c) Conceals or destroys evidence of the crime or tampers with a witness, informant, document, or other source of information, regardless of its admissibility in evidence;
(d) Warns the other of impending discovery or apprehension other than in connection with an effort to bring another into compliance with the law;
(e) Volunteers false information to a peace officer; or
(f) By force, intimidation, or deception, obstructs anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.
(2)(a) Accessory to felony is a Class IIA felony if the actor violates subdivision (1)(a), (1)(b), or (1)(c) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a Class I, IA, IB, IC, or ID felony.
(b) Accessory to felony is a Class IIIA felony if the actor violates subdivision (1)(a), (1)(b), or (1)(c) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a Class II or IIA felony.
(c) Accessory to felony is a Class IV felony if the actor violates subdivision (1)(a), (1)(b), or (1)(c) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a Class III or Class IIIA felony.
(d) Accessory to felony is a Class I misdemeanor if the actor violates subdivision (1)(a), (1)(b), or (1)(c) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a Class IV felony.
(e) Accessory to felony is a Class IV felony if the actor violates subdivision (1)(d), (1)(e), or (1)(f) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a felony of any class other than a Class IV felony.
(f) Accessory to felony is a Class I misdemeanor if the actor violates subdivision (1)(d), (1)(e), or (1)(f) of this section, the actor knows of the conduct of the other, and the conduct of the other constitutes a Class IV felony.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1989–2024 · leading case:
State v. Severin, 553 N.W.2d 452 (Neb. 1996).
State v. Severin, 553 N.W.2d 452 (Neb. 1996).
· cites it 8× “Severin, guilty of having been an accessory to a felony, in violation of Neb. Rev. Stat. § 28-204 (Reissue 1995), and sentenced him to imprisonment for a period of 30 days and payment of a $3,000 fine.”
State v. Anderson, 626 N.W.2d 627 (Neb. Ct. App. 2001).
· cites it 23× “Neb. Rev. Stat. § 28-204 (2)(e) (Cum. Supp.”
State v. Oliveira-Coutinho, 933 N.W.2d 825 (Neb. 2019).
· cites it 4× “We therefore reject Oliveira-Coutinho’s assignment of error asserting that the district court erred when it determined that the claims should be denied without an evidentiary hearing.”
State v. Stark, 718 N.W.2d 509 (Neb. 2006).
· cites it 2× “As defined in Neb. Rev. Stat. § 28-204 (Cum. Supp. 2004), the crime of accessory to a felony involves action taken by an individual with the intent to “interfere with, hinder, delay, or prevent the discovery, apprehension, prosecution, conviction, or punishment of another for an…”
State v. Utterback, 485 N.W.2d 760 (Neb. 1992).
· cites it 2× “Neb. Rev. Stat. § 28-204 (Reissue 1989). The act of purchasing marijuana does not make the informant an accessory to the crime of distribution or delivery of a controlled substance under this statute.”
State v. Romo, 676 N.W.2d 737 (Neb. Ct. App. 2004).
· cites it 7× “Romo appeals the decision of the district court for Adams County, which convicted him of accessory to a felony under Neb. Rev. Stat. § 28-204 (Cum. Supp. 2002) and sentenced him to a term of 20 months’ to 3 years’ imprisonment.”
State v. Ramsay, 598 N.W.2d 51 (Neb. 1999).
· cites it 2× “While it may be argued that this *439 evidence supports an inference that Ramsay became aware of the shooting after it occurred, it does not tend to prove that Ramsay intended to commit the shooting or that he knew that Miley had such an intention prior to the act itself.”
State v. Arthaloney, 433 N.W.2d 545 (Neb. 1989).
· cites it 3× “Neb. Rev. Stat. § 28-204 (Reissue 1985) provides in part: (1) A person is guilty of being an accessory to felony if with intent to interfere with, hinder, delay, or prevent the discovery, apprehension, prosecution, conviction, or punishment of another for an offense, he: (a)…”
State v. Fernando, 996 N.W.2d 630 (Neb. Ct. App. 2023).
· cites it 2× “FERNANDO Fernando argues the victim made the decision to terminate the pregnancy, that the clinic ultimately and independently administered and prescribed the medication, and that when coupled with the lack of any evidence to prove that Flores was the father and that Fernando…”
State v. Savior H., No. A-24-546 (Neb. Ct. App. Dec. 26, 2024).
· cites it 2× “BACKGROUND Savior was charged by information on May 14, 2024, with being an accessory to a felony in violation of Neb. Rev. Stat. § 28-204 (1)(a), (b), or (c) (Reissue 2016), a Class IIA felony.”
Neb. Rev. Stat. § 28-204(1): 1 case
State v. Anderson, 626 N.W.2d 627 (Neb. Ct. App. 2001).
“Neb. Rev. Stat. § 28-204 (2)(e) (Cum. Supp.”
Neb. Rev. Stat. § 28-204(2)(e): 1 case
State v. Anderson, 626 N.W.2d 627 (Neb. Ct. App. 2001).
“Neb. Rev. Stat. § 28-204 (2)(e) (Cum. Supp.”
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