Misprision of a felony: hiding a federal crime

What does the law make illegal?

The statute is one sentence. It punishes anyone who, "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 a judge or other civil or military authority (18 U.S.C. § 4). The words "conceals and does not" make clear that two things are required: hiding the crime and failing to report it.

The Supreme Court has noted that courts read § 4 "to require both knowledge of a crime and some affirmative act of concealment or participation" (Branzburg v. Hayes, 408 U.S. 665, 696 n.36 (1972); Roberts v. United States, 445 U.S. 552, 558 n.5 (1980)). Put together, the government must generally prove four things:

• A completed federal felony. Someone actually committed a felony that can be prosecuted in federal court. A plan that never happened is not enough, and the felony must be one a federal court can hear.
• Knowledge. The person knew that felony had been committed.
• Failure to report. The person did not tell a judge or other federal civil or military authority as soon as possible.
• An affirmative act of concealment. The person did something to hide the crime, such as giving agents a false story, destroying or hiding records, or moving property to keep it from being found.

Misprision versus accessory after the fact

An accessory after the fact is someone who, knowing a federal offense has been committed, "receives, relieves, comforts or assists the offender" to hinder or prevent the offender's arrest, trial or punishment (18 U.S.C. § 3). That crime focuses on helping the person who committed the offense, and it carries up to half the maximum for that offense (up to 15 years if the offense carries life or death). Misprision focuses on hiding the crime itself and carries up to 3 years no matter what the underlying felony was.

When misprision shows up

Misprision charges can reach people close to a federal case, for example an employee who saw a fraud and helped cover it up, a family member who hid proceeds, or a business partner who gave agents a false account. In fiscal year 2025, misprision was a statute of conviction in 252 federal cases, according to U.S. Sentencing Commission data. When misprision is part of a plea agreement, the judge must still find a factual basis for the plea before entering judgment (Fed. R. Crim. P. 11(b)(3)), so every element has to fit the facts.

What are the penalties?

• Prison: up to 3 years (18 U.S.C. § 4). That makes misprision a Class E felony (18 U.S.C. § 3559(a)(5)).
• Mandatory minimum: none. Probation is possible.
• Fine: up to $250,000 for a person (18 U.S.C. § 3571(b)(3)).
• Supervised release: up to 1 year (18 U.S.C. § 3583(b)(3)).
• Time limit: generally 5 years from the offense (18 U.S.C. § 3282).
• Collateral effects: it is still a felony conviction, which can affect gun rights, professional licenses and immigration status.

How does sentencing work for this charge?

Misprision is sentenced under USSG §2X4.1. The base offense level is 9 levels lower than the offense level for the underlying offense (the felony that was concealed), but never less than 4 or more than 19.

To find the underlying offense level, the court uses that offense's base level plus any specific offense characteristics the person knew about, or reasonably should have known about (§2X4.1, Application Note 1). For example, in a concealed fraud, the loss amount the person knew or should have known about drives the underlying level. Because of the cap at level 19, even a very serious concealed offense produces a misprision level no higher than 19 before other adjustments.

The obstruction-of-justice increase in USSG §3C1.1 is not applied to a misprision conviction unless there was a significant further obstruction during the investigation, prosecution or sentencing of the misprision offense itself (§3C1.1, Application Note 7). A timely guilty plea usually earns 2 or 3 levels off (USSG §3E1.1).

The Sentencing Commission's amendments scheduled for November 1, 2026 do not change §2X4.1. If the concealed offense's own guideline changes on that date, the underlying offense level used here can change with it.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 4

How do these cases usually start and move?

Misprision cases often grow out of an investigation into someone else's crime. Agents interview coworkers, relatives and friends, and the government compares those answers to records. A false account in that interview can be the affirmative act of concealment, and a materially false statement can also be charged separately under 18 U.S.C. § 1001.

What to do now

• If agents want to talk about someone else's case, talk with a lawyer first. A witness can become a subject or target based on what they say.
• Don't move, delete or hand off documents, devices or money connected to the investigation.
• If a target letter or grand jury subpoena arrives, note the date and get legal advice before responding (Justice Manual 9-11.151).

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Silence is not concealment. Simply not reporting a crime is not misprision. What exactly is the affirmative act the government relies on, and does it actually hide the crime?
• Was there a completed federal felony? The government must prove that someone actually committed a felony that a federal court can hear, not just planned one.
• Knowledge. Did the person know a felony had been committed, or only suspect something was wrong?
• Sentencing. Which offense level applies to the concealed crime, and which specific offense characteristics did the person know or have reason to know about?
• Plea terms. When misprision is offered as a plea, the factual basis, the guideline estimate and any appeal waiver all need a careful look.

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.