Article 131c — Misprision of serious offense

Part IV · Punitive Articles

Article 131c. Misprision of serious offense · MCM ¶ 84

2024 Manual for Courts-Martial, United States

(a) Text of statute. IN GENERAL.—Any person subject to this chapter—

(1) who knows that another person has committed a serious offense; and

(2) wrongfully conceals the commission of the offense and fails to make the commission of the offense known to civilian or military authorities as soon as possible; shall be punished as a court-martial may direct.

(b) Elements.

(1) That a certain serious offense was committed by a certain person;

(2) That the accused knew that the said person had committed the serious offense; and

(3) That, thereafter, the accused wrongfully concealed the serious offense and failed to make it known to civilian or military authorities as soon as possible.

(1) In general. Misprision of a serious offense is the offense of concealing a serious offense committed by another but without such previous concert with or subsequent assistance to the principal as would make the accused an accessory. See paragraph 2. An intent to benefit the principal is not necessary to this offense.

(2) Serious offense. For purposes of this paragraph, a serious offense is any offense punishable under the authority of the UCMJ by death or by confinement for a term exceeding 1 year.

(3) Positive act of concealment. A mere failure or refusal to disclose the serious offense without some positive act of concealment does not make one guilty of this offense. Making a false entry in an account book for the purpose of concealing a theft committed by another is an example of a positive act of concealment.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(e) Sample specification. In that __________ (personal jurisdiction data), having knowledge that __________ had actually committed a serious offense to wit: (the murder of __________) (__________), did, (at/on board— location) (subject-matter jurisdiction data, if required), from about _____ 20 __, to about _____ 20 __, wrongfully conceal such serious offense by __________ and fail to make the same known to the civil or military authorities as soon as possible.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-84-1MISPRISION OF SERIOUS OFFENSE

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), having knowledge that __________ had actually committed a serious offense to wit: (the murder of __________) (__________), did, (at/on board—location) from about __________, to about __________, wrongfully conceal such serious offense by __________ and fail to make the same known to the civil or military authorities as soon as possible.

Elements

(1) That the serious offense of (the murder of __________) (_________) was committed by (state the name of the person who committed the offense);

(2) That the accused knew that (state the name of the person who committed the offense) had committed this serious offense; and

(3) That, thereafter, (state the time and place alleged), the accused wrongfully concealed this serious offense and failed to make it known to the civil or military authorities as soon as possible.

Definitions & other instructions

This offense requires an actual act of concealment. “Concealment” is any statement or conduct which prevents another from acquiring knowledge of a fact. This offense is not committed by the mere failure or refusal to disclose the serious offense.

Additionally, to find that the offense of (state the serious offense alleged) was committed by another person, you must be satisfied beyond a reasonable doubt that: (here list the elements of the pertinent serious offense, tailored to the facts and the perpetrator’s identity).

NOTE 2. Serious offense defined. A serious offense is an offense of a civil or military nature punishable under the Code by death or confinement for a term exceeding one year. Whether an offense allegedly concealed is a serious offense is ordinarily a question of law. If the military judge makes such determination, the military judge may inform the members as follows:

As a matter of law, the crime of (state the serious offense alleged) is a serious offense.

NOTE 3. When the offense concealed is not serious or its nature is in dispute. If the military judge determines that, as a matter of law, the offense allegedly concealed does not constitute a serious offense, a motion for a finding of not guilty should be granted. See RCM 917. If the evidence discloses a factual dispute as to the felonious nature of the offense allegedly concealed, (e.g., dispute concerning value of alleged larceny) the factual issue should be submitted to the members with appropriate instructions.

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-84-1 · view original on jagcnet.army.mil