Legal Definitions - Misprison of a Felony

Misprision of a Felony is a legal term referring to the crime committed when an individual knows that a serious crime (a felony) has been committed by someone else, but deliberately fails to report that knowledge to the appropriate authorities. This crime applies to someone who was not directly involved in committing the felony itself, nor did they assist in planning it beforehand.

Unlike "compounding a crime," which involves receiving payment or benefit in exchange for not reporting a crime, misprision does not require the person to have received any consideration for their silence; it is simply the failure to disclose knowledge of a felony. In jurisdictions where this common law crime is still recognized, it is typically classified as a misdemeanor, a less serious offense than the felony itself.

Here are some examples illustrating Misprision of a Felony:

• Example 1: Witnessing a Serious Theft

  Imagine Sarah is walking home and sees her neighbor, Mark, break into a high-end electronics store and steal several expensive laptops. Sarah clearly recognizes Mark and understands that a felony (burglary and grand theft) has occurred. However, because she doesn't want to get involved or cause trouble for her neighbor, she decides to keep quiet and does not report what she saw to the police.

  How this illustrates the term: Sarah has direct knowledge that a felony was committed by someone else (Mark). She was not involved in the theft itself, nor did she help plan it. Her deliberate failure to report this knowledge to the authorities could constitute misprision of a felony.

• Example 2: Discovering Evidence of a Past Crime

  David is helping his estranged brother, Tom, clear out an old storage unit. While sifting through boxes, David discovers a large cache of counterfeit currency and equipment clearly used to produce it. He immediately realizes that Tom has been involved in a serious federal felony (counterfeiting). Despite this knowledge, David decides not to report it to the authorities, hoping to avoid further family conflict and believing it's not his place to interfere.

  How this illustrates the term: David has acquired knowledge of a felony committed by his brother. He was not a participant in the counterfeiting operation. His intentional decision to withhold this information from law enforcement, without receiving any benefit for doing so, aligns with the definition of misprision of a felony.

• Example 3: Overhearing a Confession

  During a private conversation, Emily's friend, Jessica, tearfully confesses that she was responsible for a hit-and-run accident that resulted in serious injury to another person, which is a felony in their state. Jessica begs Emily not to tell anyone, fearing severe legal consequences. Out of loyalty to her friend, Emily agrees to keep Jessica's confession a secret and does not inform the police or any other authorities.

  How this illustrates the term: Emily has clear knowledge of a felony committed by Jessica. She was not involved in the accident itself. Her deliberate choice to conceal this information from the authorities, even if motivated by friendship, could be considered misprision of a felony.