Jun 4, 2025

Misprision of a Felony

Misprision of a Felony: Definition and Legal Consequences

What is Misprision of a Felony?

Misprision of a felony is a federal crime in the United States that involves the deliberate concealment of a felony (a serious crime) by someone who did not participate in the crime itself. In other words, if a person knows that a felony has been committed and actively hides this fact from authorities, they can be charged with misprision of a felony.

Elements of the Crime

• The defendant knew a felony was committed.
• The defendant did not participate in the felony.
• The defendant took affirmative steps to conceal the crime.
• The defendant failed to notify authorities as soon as possible.

Legal Consequences

How many years in jail for misprision of a felony?

Under 18 U.S.C. § 4, misprision of a felony is punishable by up to three years in federal prison, a fine, or both. The actual sentence may depend on the circumstances of the case and the discretion of the judge.

Examples of Misprision of a Felony

What is an example of misprision of a felony?

An example of misprision of a felony would be if someone discovers that their friend has committed bank fraud and, instead of reporting it, helps hide evidence or lies to investigators to protect their friend. Even though the person did not participate in the bank fraud, their actions to conceal the crime make them guilty of misprision of a felony.

Related Offenses and Considerations

Misprision of a felony is distinct from being an accessory after the fact, which involves helping a felon avoid arrest or prosecution. Misprision focuses on the concealment and failure to report, rather than active assistance to the perpetrator.

Misprision of a Felony