Title 18 — Crimes and Criminal Procedure — § 4. Misprision of felony
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This U.S. Code page prints 18 U.S.C. § 4, Misprision of felony: whoever knows of the actual commission of a felony cognizable by a court of the United States, conceals it and does not as soon as possible make it known to a judge or other person in civil or military authority shall be fined under this title or imprisoned not more than three years, or both. The section dates from June 25, 1948 (62 Stat. 684) and was amended by Pub. L. 103–322 in 1994. The page also prints the end of § 3, under which an accessory after the fact to an offense punishable by life imprisonment or death may be imprisoned not more than 15 years; § 5, defining the United States in a territorial sense; and § 6, defining department and agency, with historical and revision notes.
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Page 13 TITLE 18—CRIMES AND CRIMINAL PROCEDURE §6
cipal is punishable by life imprisonment or
death, the accessory shall be imprisoned not
more than 15 years.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 99–646,
§ 43, Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101–647,
title XXXV, § 3502, Nov. 29, 1990, 104 Stat. 4921;
Pub. L. 103–322, title XXXIII, §§ 330011(h),
330016(2)(A), Sept. 13, 1994, 108 Stat. 2145, 2148.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 551 (Mar. 4, 1909,
ch. 321, § 333, 35 Stat. 1152).
The first paragraph is new. It is based upon authority
of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483,
certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L.
Ed. 1699), where the court defined an accessory after
the fact as—
one who knowing a felony to have been committed by
another, receives, relieves, comforts, or assists the
felon in order to hinder the felon’s apprehension, trial,
or punishment—
and cited Jones’ Blackstone, books 3 and 4, page 2204;
U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State
(32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281);
Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075).
(See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d
257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d
855; State v. Wells, 1940, 195 La. 754, 197 So. 419.)
The second paragraph is from section 551 of title 18,
U.S.C., 1940 ed. Here only slight changes were made in
phraseology.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322, § 330016(2)(A), inserted ‘‘(not-
withstanding section 3571)’’ before ‘‘fined not more
than one-half’’ in second par.
Pub. L. 103–322, § 330011(h), amended directory lan-
guage of Pub. L. 101–647, § 3502. See 1990 Amendment
note below.
1990—Pub. L. 101–647, as amended by Pub. L. 103–322,
§ 330011(h), substituted ‘‘15 years’’ for ‘‘ten years’’ in
second par.
1986—Pub. L. 99–646 inserted ‘‘life imprisonment or’’
in second par.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–322, title XXXIII, § 330011(h), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective as of Nov. 29, 1990.
§ 4. Misprision of felony
Whoever, having knowledge of the actual com-
mission 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.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C. 1940 ed., § 251 (Mar. 4, 1909, ch.
321, § 146, 35 Stat. 1114).
Changes in phraseology only.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.
§ 5. United States defined
The term ‘‘United States’’, as used in this title
in a territorial sense, includes all places and wa-
ters, continental or insular, subject to the juris-
diction of the United States, except the Canal
Zone.
(June 25, 1948, ch. 645, 62 Stat. 685.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 39, 133, 346, 381,
502, and 632, and section 40 of title 50, U.S.C., 1940 ed.,
War and National Defense (June 15, 1917, ch. 30, title
XIII, § 1, 40 Stat. 231).
Section consolidates the first sentence of section 39,
all of sections 133, 346, and 632, and the second sen-
tences, respectively, of sections 381 and 502, all of title
18, U.S.C., 1940 ed., and section 40 of title 50, U.S.C., 1940
ed., War and National Defense, with minor changes in
phraseology.
All of these sections and parts of sections were de-
rived from section 1 of title XIII of said act of June 15,
1917. Said section 40 of title 50, U.S.C., War and Na-
tional Defense, has also been retained in that title, as
it still relates to some sections therein which were not
transferred to this title.
The remainder of said section 39 of title 18, U.S.C.,
1940 ed., which was derived from sections 2, 3, and 4 of
title XIII of the act of June 15, 1917, relating to juris-
diction and other matters, is almost entirely obsolete.
The provisions still in force are incorporated in section
3241 of this title.
The remaining provisions of said sections 381 and 502
of title 18, U.S.C., 1940 ed., which were derived from
sources other than said section 1 of title XIII of the act
of June 15, 1917, are incorporated in sections 1364 and
2275 of this title.
SENATE REVISION AMENDMENT
Words ‘‘, except the Canal Zone.’’ were substituted
for the period in this section by Senate amendment.
See Senate Report No. 1620, amendment No. 2, 80th
Cong.
Editorial Notes
REFERENCES IN TEXT
For definition of Canal Zone, referred to in text, see
section 3602(b) of Title 22, Foreign Relations and Inter-
course.
§ 6. Department and agency defined
As used in this title:
The term ‘‘department’’ means one of the ex-
ecutive departments enumerated in section 1 of
Title 5, unless the context shows that such term
was intended to describe the executive, legisla-
tive, or judicial branches of the government.
The term ‘‘agency’’ includes any department,
independent establishment, commission, admin-
istration, authority, board or bureau of the
United States or any corporation in which the
United States has a proprietary interest, unless
the context shows that such term was intended
to be used in a more limited sense.
(June 25, 1948, ch. 645, 62 Stat. 685.)
HISTORICAL AND REVISION NOTES
This section defines the terms ‘‘department’’ and
‘‘agency’’ of the United States. The word ‘‘department’’
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