Accessories after the fact; punishment

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  1. Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:
    1. If the felony was a violent crime:
      1. If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or
      2. If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.
    2. If the felony was a nonviolent crime:
      1. If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or
      2. If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.
  2. For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.
  3. In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.


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