Sometimes people end up breaking the law because they were trying to protect someone they care about or because they were directed by someone, like their boss, to hide information from or lie to law enforcement. The potential consequences of doing this can be serious.
Take “misprision of felony.” That’s a federal crime most people haven’t heard of. The statute for it is very brief. It states, “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.”
Committing misprision of felony is somewhat similar to being an accessory after the fact. That typically involves helping to cover up a crime committed by someone else. It’s possible to be charged with both offenses.
What makes misprision of felony unique?
Misprision of felony, however, applies only to federal offenses that are, as the name indicates, felonies. Further, to be convicted of this crime, a person must have taken “affirmative steps” to conceal the crime, or even the “true nature” of it – not just fail to report it. Shredding documents or deleting files would be two examples of that in white collar offenses. So might altering records.
It’s important to note that a person can be charged with misprision of felony even if they don’t know the person who committed the crime – or even know who committed it. That’s more likely to be the case with a white collar crime like fraud or embezzlement than a “traditional” robbery or a violent crime. However, if someone hides a person from law enforcement or tells them they don’t know their whereabouts when they do, it can be misprision of felony if the underlying crime qualifies.
As with any federal offense, a misprision of felony charge needs to be taken seriously. The consequences of a conviction can be serious. That’s why it’s important to get experienced legal guidance as early as possible.
