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

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. 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 a federal authority as soon as possible; and

Fifth, the defendant did an affirmative act, 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 federal 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.

Comment

See United States v. Sullivan, 159 F.4th 579, 588-90 (9th Cir. 2025) amending on denial of reh’g en banc, 131 F.4th 776 (9th Cir. 2025); United States v. Olson, 856 F.3d 1216 (9th Cir. 2017).

With respect to the third element, “‘[t]he defendant need not know the precise term of imprisonment authorized by law, but at least [he] must know the potential punishment exceeds one year in prison.’” Sullivan, 159 F.4th at 590 (quoting Olson, 856 F.3d at 1224).

Revised March 2026