misprision of felony

Misprision of Felony: What It Is and Potential Consequences

Misprision of felony refers to the crime of concealing knowledge of a felony or failing to report it to the authorities. This little-known offense carries potentially serious penalties, so it’s important to understand what constitutes misprision and how to avoid accidentally committing it.

What Is Misprision of Felony?

The legal definition of misprision of felony is simple: it means you know a felony has been committed, but you deliberately conceal it or do not report it to the authorities.
To break it down further:

• There must be an underlying felony that was committed. In other words, misprision of felony depends on another crime having occurred.
• You must have definite knowledge of the felony – not just a suspicion. This means you know the crime happened and who did it.
• You must then actively conceal the crime or fail to report it to law enforcement or other authorities.

The key aspect is that you know for sure about the felony, yet you deliberately hide what you know or don’t tell the police when you have a legal duty to speak up.
Some examples could include:

• Finding out your roommate committed assault but not telling the police
• Discovering evidence of your coworker’s embezzlement scheme and hiding it
• Witnessing your brother’s act of arson but refusing to report him

In cases like these, your failure to report the crime or active steps to conceal it would constitute misprision of felony.

Is Misprision of Felony a Crime?

Yes, misprision of felony is a federal crime under 18 U.S. Code § 4. The statute reads:
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
So you see, misprision of felony is punishable by up to 3 years in federal prison, fines, or both.
It’s not just a peripheral offense either. Prosecutors have brought charges for misprision in cases involving serious crimes like terrorism, organized crime, child abuse, and civil rights violations.

Requirements for Misprision of Felony

For someone to be convicted of misprision of felony, the prosecution must prove several specific elements:

1. The defendant had full knowledge of the fact that a felony was committed and who committed it.
2. The defendant did not notify authorities or actively concealed the crime.
3. The defendant took affirmative steps to conceal the crime.
4. The underlying felony was a federal offense, not just a state crime.

Let’s break these down in more detail:

Knowledge of the Felony

The first requirement is that you definitely knew about the felony, rather than just suspecting it.
For example, hearing rumors wouldn’t be enough. But if you had clear, first-hand knowledge like witnessing the crime or seeing direct evidence, then you’d meet this element.

Failure to Notify Authorities

Secondly, you must have failed to report the felony to the authorities. This means intentionally not telling law enforcement or other officials who should know.
You wouldn’t have a duty to report the crime if doing so would implicate yourself. But otherwise, deliberate silence or failing to come forward would satisfy this requirement.

Affirmative Concealment

In addition to keeping quiet, you must have taken actual steps to hide the crime or shield the perpetrator from prosecution.
Examples could include destroying evidence, lying to investigators, intimidating witnesses, or giving the felon money so they can flee authorities. Just failing to report isn’t always enough – some active cover-up is typically required.

Underlying Federal Felony

Finally, the hidden crime must be a federal felony, rather than just a state crime, for misprision charges to apply.
So you wouldn’t be liable for misprision if you concealed your friend’s state-level robbery. But if they committed a federal crime like mail fraud, concealing that could lead to misprision charges.

Defenses Against Misprision Charges

If you’ve been accused of misprision of felony, there may still be defenses your attorney can raise on your behalf:

• You didn’t have positive, first-hand knowledge of the crime.
• You lacked any legal duty to report the felony.
• Your failure to report was not intentional or willful.
• You did not take affirmative steps to conceal the crime.
• The underlying offense was not a federal felony.

By attacking one or more elements of misprision, your lawyer may be able to show your actions didn’t rise to the level of criminal liability.
Other issues like your age, mental disability, or duress could also potentially excuse your failure to report the crime. An experienced attorney can advise you on the best defense in your specific circumstances.

How to Avoid Committing Misprision

The best way to avoid misprision charges yourself is simple: don’t conceal federal felonies or fail to report them to the authorities.
I know that may be asking a lot if we’re talking about crimes committed by close friends or family members. But misplaced loyalty simply isn’t worth several years in federal prison yourself.
If you witness or learn about a federal felony:

• Report it to the local police, FBI, or other appropriate officials immediately.
• Preserve any evidence and avoid tampering or covering up the crime.
• Don’t pressure witnesses or accomplices into keeping quiet.
• Consult an attorney if you’re unsure what to do.

As long as you come forward right away instead of hiding what you know, you should avoid misprision liability.
I hope this breakdown of the offense and its consequences helps everyone understand why misprision of felony is not to be taken lightly. The risks simply aren’t worth it. If you know about a federal felony, speak up or else you could find yourself doing hard time!
Let me know if you have any other questions about this topic. I know it can be a confusing issue with a lot of nuances in the law. But the main takeaway is: don’t conceal federal felonies and you’ll steer clear of misprision trouble. Stay smart and stay safe, friends!