The average citizen doesn’t typically have a duty to report a crime, intervene to stop a crime, or otherwise get involved unless they are a mandatory reporter. However, having no responsibility to report a crime doesn’t mean a person can knowingly lie or keep information from police if questioned. These acts and others discussed below can result in criminal liability.
This article will review who has a duty to report crimes, who doesn’t, and when trying not to get involved can land you in trouble.
What Happens If You Fail to Report a Crime?
Usually, nothing. There’s generally no legal requirement to be a “Good Samaritan” or report a crime with the exception of mandatory reporters. If you are a mandatory reporter, you likely know (or should know) your responsibilities and the consequences for failing to report a crime. And while some criminal codes still reference the mostly obsolete crime of "misprision," this offense for failing to report felonies has largely been replaced by other crimes.
What Are Mandatory Reporting Laws?
Most (if not all) states require certain professionals to report suspected crimes against children, elderly individuals, and individuals with physical or mental impairments. Called mandatory reporters, these professionals usually include health care workers, teachers and school employees, clergy, licensed therapists, child protection workers, law enforcement, childcare workers, and even camp counselors.
Mandatory reporters’ duties are often outlined in state law or agency rules. Failure to report is usually a misdemeanor, but it can be a felony. Usually, a prosecution won't occur unless there was strong evidence of serious harm that could have been prevented by the report.
What Is Misprision?
At one point, the failure to report a felony was a crime, misprision. However, most states no longer have this crime in their criminal or penal codes. In codes where misprision laws still exist, the law often requires an additional act, such as concealment. Once the law requires an additional act, the crime becomes something other than traditional misprision, such as one of the crimes discussed below.
When Not Reporting a Crime Can Have Consequences: Lying or Obstructing an Investigation
As noted above, for the average person, there’s no duty to report a crime. By staying out of it, you’ve done nothing wrong. But you can’t always stay silent—once you knowingly hinder an investigation, you’ve likely crossed the line to criminal behavior. Below are some examples.
False statements to police. Lying to the police is never a good idea—it can also be a crime. This crime applies when someone knowingly lies to the police or makes misleading or false statements intending that the police rely on it. Let’s say you know your friend committed a crime and a cop asks you about it. If you pretend not to know anything, you could end up facing criminal charges for obstruction of justice or making false statements to police.
Accessory after the fact. It’s also a crime to assist someone in avoiding arrest or prosecution when you know they’ve committed a crime. Say police come to your house and ask if you’ve seen a friend who’s suspected of a crime. You don’t offer up the fact your friend is hiding in your garage or just fled into the woods. You could be guilty of being an accessory after the fact.
Compounding a crime. Concealing and compounding crimes are also illegal. A person can be guilty of compounding a crime if they accept some type of compensation for concealing or not reporting or prosecuting a crime. To be convicted, you must know a crime was committed and make an agreement to withhold evidence, not report the crime, or not talk to the police. For example, you see your friend run out of a store after robbing it. The friend offers you $500 in exchange for not turning him in to the police. You accept the money. Prosecutors could charge you with compounding a crime.
Talk to a Lawyer
If you’re facing criminal charges related to not reporting a crime, consult a criminal defense attorney right away. An attorney can help you understand the charges, advise you on the case, and zealously defend you.