Misprision of Treason

Misprision of Treason - 18 U.S. Code § 2382

Misprision of treason is a grave federal offense under 18 U.S. Code 2382. This law makes it a crime for an individual who knows of treasonous acts to fail to report them to authorities. The word "misprision" refers to the deliberate concealment of a crime, underscoring the serious nature of this offense.

Unlike direct participation in treason, misprision of treason criminalizes silence and concealment rather than overt acts of betrayal.

This offense is rarely prosecuted, but when it is, it carries serious legal consequences. If you are accused of misprision of treason, you could face up to seven years in prison if convicted.

18 U.S.C. 2382 says, "Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or some judge of the United States, or to the governor or some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both."

Simply put, misprision of treason penalizes individuals who, owing allegiance to the United States and knowing of a treasonous act, conceal it and fail to promptly disclose it to the President, a judge, or a governor of a state.

The standard definition of misprision of treason involves concealing knowledge of a treasonous act committed against the United States. Individuals owing allegiance to the United States have a legal duty, a solemn responsibility, to disclose such knowledge to the appropriate authorities.

Those found guilty of misprision of treason face penalties including fines and imprisonment for up to seven years. This section is part of Title 18, Chapter 115, which covers treason, sedition, and subversive activities. The definition of treason itself is covered in 18 U.S. Code 2381.

What Does the Law Say?

18 U.S.C. 2382 defines misprision of treason as applying to someone who:

Owes allegiance to the United States,
Has direct knowledge that someone has committed treason and
Purposefully conceals this information or fails to disclose it "as soon as may be."

Importantly, this concealment can involve any action or inaction that prevents the crime of treason from being reported to the President, a governor, or any federal or state judge.

Treason, as defined under 18 U.S. Code 2381, involves acts such as levying war against the United States or aiding its enemies. While treason is a rare charge, misprision of treason exists to penalize those who do not fulfill their duty to report treason when they are aware of it.

18 U.S.C. 2381 treason says, "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or imprisoned and fined, and incapable of holding any U.S. office."

This charge applies only to actions (or omissions) taken knowingly and intentionally. Accidental ignorance or misunderstandings of the situation typically do not meet the criteria.

Elements of the Crime

To convict you of misprision of treason, federal prosecutors must prove several key elements beyond a reasonable doubt:

You owe allegiance to the United States. In other words, you are either a U.S. citizen or a "non-citizen national," meaning you were born in a U.S. territory. Non-citizen permanent residents, such as green card holders, must obey U.S. laws but do not "owe" allegiance to the U.S. in the same way.
You had actual knowledge of treason. You must have had actual knowledge of a specific act of treason committed by someone else. Hearsay or suspicion generally does not meet this threshold.
You actively concealed this knowledge. The government must demonstrate that you intentionally concealed the commission of treason. This could involve taking deliberate steps to conceal evidence or refusing to notify the authorities.
You failed to report it. Prosecutors must show that you failed to make a reasonable effort to report your knowledge of the treason to appropriate authorities as soon as possible after you learned of the treason. This could include contacting the FBI, the Department of Homeland Security, or local law enforcement.

Penalties for Misprision of Treason

Misprision of treason is a serious offense, though it is less severe than treason itself. A conviction carries the following penalties:

Imprisonment for up to seven years in federal prison and/or
Fines up to $250,000.

What Are the Related Federal Laws?

Several federal laws are similar to treason but have different elements or require a different level of intent. One of the reasons treason charges have become less prevalent in recent decades is that Congress has passed numerous laws regarding other crimes against the U.S. that provide more specific definitions than treason.

Some related laws include, but are not limited to:

Rebellion or Insurrection (18 U.S.C. 2383). Defined as two or more people rising in rebellion against the U.S. government or assisting others.
Seditious Conspiracy (18 U.S.C. 2384). Defined as two or more people conspiring to "overthrow, put down, or to destroy by force" the U.S. government or prevent it from carrying out its lawful functions; OR to "seize, take, or possess by force" any property of the U.S. government.
Advocating Overthrow of Government (18 U.S.C. 2385). It's a federal crime to advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing the government of the United States by force or violence, or to publish or circulate printed material advocating the overthrow of the government.
Registration of Certain Organizations (18 U.S.C. 2386). An organization is subject to foreign control if it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government.
Activities Affecting Armed Forces (18 U.S.C. 2387). This statute makes it a federal crime to cause insubordination among military personnel or distribute materials that urge disloyalty to the United States military.
Activities Affecting Armed Forces During War (18 U.S.C. 2388). This law makes it a crime for whoever, when the United States is at war, willfully makes or conveys false reports or false statements with the intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies.
Recruiting for Service against the United States (18 U.S.C. 2389). Recruiting soldiers or sailors to engage in armed hostility against the U.S. government is a federal crime under this statute.
Enlisting to Serve Against the United States (18 U.S.C. 2390). This federal law makes it a crime for someone to enlist or be engaged in the United States or any place subject to its jurisdiction, with the intent to serve in armed hostility against the United States.
Espionage (18 U.S.C. 792 - 798). Espionage is defined as obtaining, delivering, or transmitting national defense information to someone not authorized to receive it, or retaining documents or devices containing such information with the intent to deliver them to an unauthorized person.

What are Common Defenses?

If you are facing accusations of misprision of treason, it is absolutely critical to build a strong defense. A skilled federal criminal defense attorney can employ specific defenses to counter the charges against you. These include, but are not limited to:

Lack of Actual Knowledge: If you had no direct awareness of the alleged act of treason, you cannot be held liable for failing to report it. For example, indirect or secondhand information may not constitute "knowledge" under the law.
No Intent to Conceal: The defense may focus on proving that any failure to disclose the treason was unintentional or not intentionally designed to protect the perpetrator. Perhaps there was a misunderstanding or confusion about who to report the information to or what steps to take, for example.
No Duty or Allegiance: If you are not a U.S. citizen or non-citizen U.S. national, you do not specifically owe allegiance to the U.S. and cannot be convicted of this particular crime.
Duress or Coercion: If your attorney can demonstrate that you remain silent due to a reasonable threat of harm to yourself or your loved ones, for example, this can serve as a defense to have the charges dismissed or the penalties mitigated.

For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.

Related Content: