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8.0A Misprision of Felony (18 U.S.C. § 4)

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The defendant is charged in [Count ______ of] the indictment with misprision of felony in violation of Section 4 of Title 18 of the United States Code. In order for the defendant to be found guilty of that crime, the government must prove each of the following elements beyond a reasonable doubt: 

First, a federal felony was committed, as charged in [Count ______ of] the indictment; 

Second, the defendant had knowledge of the commission of that felony; 

Third, the defendant had knowledge that the conduct was a federal felony; 

Fourth, the defendant failed to notify the authorities as soon as possible; and 

Fifth, the defendant did an affirmative fact, as alleged, to conceal the crime. 

A felony is a crime punishable by a term of imprisonment of more than one year. 

Mere failure to report a felony is not a crime. The defendant must also commit some affirmative act designed to conceal the fact that a federal felony has been committed.




See United States v. Olson, 856 F.3d 1216 (9th Cir. 2017).


Approved 6/2017