8.0A Misprision of Felony (18 U.S.C. Sec. 4)
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FAQ
Misprision of a felony consists of concealing a felony.25 A defendant convicted of misprision has unlawfully covered up a crime.
§ 4 has the following elements: (1) that the principal committed and completed the felony alleged; (2) that the defendant had full knowledge of that fact; (3) that he failed to notify the authorities; and (4) that he took affirmative steps to conceal the crime of the principal.
Misprision of felony is a crime committed when a person knows that someone has been involved in a felony but fails to report it to law enforcement authorities. The crime of misprision of felony originated in the common law of Great Britain. In the U.S., however, it has never been adopted as a crime by most states.
Concealment of a serious crime by one who knows of its commission but was not a party to it is misprision. Similarly, the failure of a citizen to attempt to prevent the perpetration of an offense can be characterized as misprision. (See also accomplice; accessory; and abettor.)
-The defendant, having knowledge of the commission of the offense of armed robbery, failed to make a disclosure of this felony to the proper authorities and did nothing toward the apprehension of the persons guilty of the crime.
First enacted into U.S. law in 1789, misprision of a felony in the federal system is a felony punishable by a fine and up to three years in prison.
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
