8.0A 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. 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 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.
See United States v. Olson, 856 F.3d 1216 (9th Cir. 2017).