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, 131 F.4th 776, 785-86 (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, 131 F.4th at 786 (quoting Olson, 856 F.3d at 1224). 

Revised June 2025