Legal Definitions - negative misprision

Negative misprision refers to the legal offense committed when an individual knows that a serious crime, typically a felony or treason, has been committed by another person and deliberately fails to report it to the proper authorities. It is a crime of omission, meaning it involves a failure to act rather than active participation in the underlying crime itself. The core elements are having actual knowledge of the felony and intentionally concealing that information or neglecting to disclose it to law enforcement.

• Example 1: Witnessing a Major Theft

  A person is walking through a park and clearly witnesses an individual breaking into a parked car, stealing a valuable laptop, and then fleeing the scene. The witness recognizes the thief as someone they know from their neighborhood. Despite having direct knowledge of this felony theft and the identity of the perpetrator, the witness decides not to call the police or provide any information, perhaps out of fear or a desire not to get involved.

  Explanation: This scenario illustrates negative misprision because the witness had clear knowledge of a felony (theft) committed by another person and deliberately chose to conceal that information by failing to report it to law enforcement.

• Example 2: Discovering Financial Fraud

  An employee working in a company's accounting department uncovers undeniable evidence that a senior manager has been systematically falsifying financial records and diverting significant company funds into personal accounts, a crime that qualifies as felony fraud. Fearing professional repercussions or wanting to protect their colleague, the employee keeps this discovery secret and does not report it to the company's internal audit committee or external regulatory bodies.

  Explanation: Here, the employee possesses direct knowledge of a felony (fraud) committed by another individual. Their intentional decision to withhold this critical information from the appropriate authorities constitutes negative misprision.

• Example 3: Concealing a Violent Crime

  A person allows an old friend to stay at their apartment for a few days. During their stay, the friend confesses in detail to having committed a serious assault, causing grievous bodily harm to another person in a different city a week prior, and shows evidence of the crime. The host, while not involved in the assault itself, decides to keep this information confidential, actively advises their friend on how to avoid detection, and does not alert the police to the friend's presence or confession.

  Explanation: This situation demonstrates negative misprision because the host gained direct knowledge of a felony (aggravated assault) committed by another person. By choosing to conceal this information and not report it to law enforcement, they are committing an act of omission that aligns with this legal concept.