Can a "friend" of a criminal suspect be charged with withholding information, even if they are not interviewed after the incident. I understand when one sells a gun privately it is illegal to sell it to a person that says he wants to commit a crime with it. But lets say a relative hears a family member is going to rob a bank. Is it his legal duty to report it to the police?
Withholding crime information.
- Thread starter Thomasss
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Jeff62
Member
Willfully and knowingly makes the case. I cited Federal statute as your example offense may be charged federally
18 U.S. Code § 4 - Misprision of felony
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Whoever, 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 some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
18 U.S. Code § 4 - Misprision of felony
prev | next
Whoever, 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 some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
lemaymiami
Member
Doubt you'll find a single state without the statutes that cover the above instances. Proving you knew about a felony before the fact or withheld information on a felony after the fact - now that's a tough one. I can't remember a single case made in my agency over a 22 year span regarding this type of issue...
Remember - always lots of laws on the books that are rarely enforced (or enforceable) - ask our former President.. but that doesn't mean they aren't valid and enforceable if you want to take the effort...
Remember - always lots of laws on the books that are rarely enforced (or enforceable) - ask our former President.. but that doesn't mean they aren't valid and enforceable if you want to take the effort...
Anchorite
Member
Out of the facts, arises the law.
My first year law school constitutional law professor said this on the very first day of class - and it was the first sentence out of his mouth.
No truer statement has ever been uttered.
My first year law school constitutional law professor said this on the very first day of class - and it was the first sentence out of his mouth.
No truer statement has ever been uttered.
'knows"?
Mauser fan
Member
If you are compelled to ask such a question on a public forum you have more issues than what you are trying to lead us to believe. I suggest you hire a lawyer.
crstrode
Member
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Another suggestion would be to shut up.
CapnMac
Member
Isn't this in Black's somewhere? Dang if I can find a citation to Accessory After the Fact.
Different subject.
jmorris
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Probably even more so, when it’s not first hand information.
We could keep taking that one further away but it’s already not first hand information.
Heir Kommt Die Sonne
Member
Sometimes people get curious? Even if it's not relevant to themselves? I ask my dad and my uncle (whos a lawyer) these type of hypothetical questions all the time. That's what this legal forum is for. Talking about and discussing laws, so people can use our posts as insight.
HankB
Member
PROVING someone not actually involved in a crime knew - actually knew - about it in advance would seem to be quite difficult without actual evidence like a video, a text message string, loan of a getaway vehicle, burglary tools or weapons, etc. It would have to be a pretty serious crime for authorities to make the effort to go after someone not involved in the actual crime because they "should have known" and try to develop a case against them proving "They DID know" in advance.
jmorris
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Unlawful entry to the US is a felony, if I knew it was going to occur (like it does every day and night) could they come after me for not reaching out to them? I can see that on the news right now and that’s more convincing than hearsay.