Misprision of a felony is a criminal charge under federal law that occurs when an individual has knowledge of a felony and does nothing to report that crime to the appropriate authorities. It is considered a serious crime because it implies a failure to report a potentially harmful criminal act. The term comes from the Latin word “misprehensio,” meaning “misunderstanding” or “mistake.”
Simply put, misprision of a felony is a crime – a person who takes no action to stop the crime, fails to report it to the relevant authorities, and/or attempts to conceal the crime’s occurrence can be charged with the offense.
What Does Misprision of a Felony Look Like in Practice?
One example of misprision of a felony in practice is a manager at a large company who witnesses an employee concealing evidence of a major financial fraud and does nothing to report it. Under federal law, the manager could be guilty of misprision of a felony. In this example, failure to report the fraud could lead to serious legal and financial penalties for the manager.
Another example could involve a witness to a robbery or home invasion in a residential neighborhood. The witness might overhear a conversation and be aware that a crime is about to take place, or they might witness the crime itself. If the witness did not alert the authorities – even if they were not involved in the crime – they could face criminal charges for failing to report it.
Punishment for Misprision of a Felony
Misprision of a felony is punishable by up to three years in prison and a fine of up to $250,000. The offense can result in serious consequences, including expulsion from school, loss of employment, and damage to reputation. Additionally, the punishment for misprision of a felony can be increased if it is found that the defendant attempted to conceal or aided the criminal in avoiding punishment.
It is important to note that misprision of a felony is not the same as being complicit in a felony. An individual who is complicit in a felony was actively involved in committing the crime. Misprision of a felony, on the other hand, applies only to an individual who knows a felony has been or is going to be committed and fails to report it.
Conclusion: Misprision of a Felony Is Serious
Misprision of a felony is a serious criminal charge. In most cases, it is in the best interests of an individual to report any criminal activities of which they are aware, as failure to do so could be punishable under federal law. It is important to understand the law when it comes to misprision of a felony and to seek legal advice if necessary.