There are a number of ways that people can get into serious legal trouble even if they haven’t directly committed a particular criminal offense. For example, doing (or not doing) something that allows someone else to evade law enforcement or cover up a crime can in itself be a crime.
Most people have heard of obstruction of justice, aiding and abetting and being an accessory before or after the fact. There’s also a federal offense called “misprision of felony.”
What does the law say?
The law concerning this subject is a very short federal statute that says, “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.”
Aside from the fact that it applies only to federal felony offenses, misprision of felony is different from similar crimes in several ways. First, a person doesn’t necessarily need to know who committed the original offense – only that it occurred.
Further, if someone doesn’t report a crime they know about, that alone isn’t enough to be charged with misprision of felony. They also have to take “affirmative steps,” as one government prosecutor explains, to conceal the crime or the “nature of the crime.” That can include lying to authorities when questioned, harboring someone who’s evading law enforcement or knowingly hiding or destroying evidence.
A person who is convicted of misprision of felony can be fined up to $500 in addition to being sentenced to up to three years in federal prison. It’s possible to face state charges as well for concealing a crime.
Think carefully if questioned by authorities
It can be frightening to have federal agents show up at your home or office and start asking you questions – even when it’s about someone else’s alleged criminal activity. Just remember that lying to federal law enforcement officers – even saying you don’t know something that you do — is a crime.
Further, you always have the right to get legal representation before answering questions – even if you’re not the one currently under suspicion. Don’t worry about whether it makes you “look guilty.” It’s more important to protect your rights and your freedom than to preserve a certain kind of appearance.