The TR Company

Misprision of felony consists in failing to report knowledge of a felony to the appropriate authorities. Exceptions are made for close family members of the felon. A person is not obliged to disclose his knowledge of a felony where the disclosure would tend to incriminate him of that offence or another. With the development of the modern law, this crime has been discarded in most jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime.

In the United States

“Misprision of felony” is an offense under United States federal law after being codified in 1909 under 18 U.S.C.: 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. This offense, however, requires active concealment of a known felony rather than merely failing to report it.