UCMJ Article 131c: Misprision of a Serious Offense

A service member who learns that someone has committed a serious crime, and then takes steps to hide it, can be prosecuted under Article 131c of the Uniform Code of Military Justice. The offense, known as misprision of a serious offense, does not require that the accused took part in the underlying crime. It punishes the act of affirmatively concealing a serious offense committed by another. The distinction that defines this provision is that mere silence is not enough; the law demands a positive act of concealment.

Article 131c gained its own statute when the Military Justice Act of 2016 took effect on January 1, 2019. Before that, misprision was charged as an enumerated offense under the general article, Article 134. The move to 10 U.S.C. 931c fixed its article number and clarified its terms. The offense reflects the military’s expectation that serious crimes be reported, balanced against the long-standing rule that failing to come forward, standing alone, is not a crime.

What the offense is

The statute reaches any person subject to the UCMJ who knows that another person has committed a serious offense and wrongfully conceals the commission of that offense, failing to make it known to civilian or military authorities as soon as possible. A “serious offense” is one punishable under the UCMJ by death or by confinement for a term exceeding one year. The combination of knowledge, an affirmative act of concealment, and failure to report is what completes the offense.

Elements the government must prove

To convict, the prosecution must establish beyond a reasonable doubt:

  1. That a certain serious offense was committed by a certain person.
  2. That the accused knew that the person had committed the serious offense.
  3. That the accused wrongfully concealed the commission of the offense and failed to make it known to civilian or military authorities as soon as possible.

The third element carries the weight of the offense. The accused must have taken some positive act of concealment. A mere failure or refusal to disclose a serious offense, without an affirmative act to hide it, does not make a person guilty of misprision.

What the government must show in practice

The government must prove that an actual serious offense occurred, that the accused knew of it, and that the accused did something to conceal it rather than simply remaining silent. Affirmative concealment can include hiding or destroying evidence, helping the offender avoid detection, or making misleading statements to investigators. Because knowledge is an element, the government must show the accused actually knew the offense had been committed, not merely suspected it. The accused must also have failed to report it as soon as possible.

Maximum punishment

Under the Manual for Courts-Martial, the maximum punishment for a violation of Article 131c is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years. For offenses committed on or after December 27, 2023, the sentence is adjudged under the revised sentencing-parameter framework, while the authorized confinement ceiling for this offense remains three years.

Defenses

Defenses commonly raised under Article 131c include:

  • No knowledge. If the accused did not actually know a serious offense had been committed, the knowledge element fails.
  • Not a serious offense. If the underlying offense was not punishable by death or by confinement exceeding one year, the statute does not apply.
  • No positive concealment. Silence alone is not enough. If the accused took no affirmative act to conceal the offense, the offense is incomplete.
  • Duress. If the accused reasonably feared harm for reporting, duress may be available depending on the facts.

Distinctions from related offenses

Misprision is distinct from being a principal or an accessory after the fact. A principal helps commit the crime itself; an accessory after the fact, under Article 78, assists the offender to hinder apprehension, trial, or punishment. Misprision punishes concealing the crime without that kind of assistance to the offender. It also differs from obstruction of justice under Article 131b, which targets acts intended to impede a proceeding; a person who both conceals a crime and interferes with investigators may face both charges. The defining line for misprision is that it requires affirmative concealment plus failure to report, and it does not punish mere silence.

Frequently asked questions

Is staying silent about a crime enough to be convicted?
No. Misprision requires a positive act of concealment in addition to knowledge and a failure to report. A mere failure or refusal to disclose, without an affirmative act to hide the offense, is not misprision.

What counts as a serious offense?
A serious offense is one punishable under the UCMJ by death or by confinement for more than one year. Crimes such as sexual assault, robbery, and significant larceny typically qualify; minor infractions generally do not.

Does the accused have to have participated in the crime?
No. Misprision punishes concealing another person’s offense. It does not require participation in the underlying crime, which distinguishes it from being a principal or an accessory after the fact.

What is the maximum punishment?
A dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.

Can misprision and obstruction of justice both be charged?
Yes. If a member conceals a serious offense and also interferes with investigators, the conduct may support both misprision under Article 131c and obstruction under Article 131b, because each addresses a different harm.

Sources

  • 10 U.S.C. 931c, Article 131c, Misprision of serious offense: https://www.law.cornell.edu/uscode/text/10/931c
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf
  • United States v. Sutphin, 46 M.J. 346 (C.A.A.F. 1997): https://www.armfor.uscourts.gov/
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

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