UCMJ Article 134 – Misprision of a Serious Offense

Misprision under Article 134 punishes a service member who knows that a serious offense has been committed but fails to report it and instead conceals it. This misconduct undermines military justice by allowing crimes to go unreported and obstructs the chain of command’s ability to maintain discipline and accountability. The offense does not require active participation in the underlying crime — the failure lies in concealment and silence when duty requires disclosure.

Because military culture relies on integrity, trust, and accountability, concealing a serious offense is treated as a grave breach of discipline, even if the service member was not personally involved in the crime.

Key Elements

The prosecution must prove:

  1. That a serious offense under the UCMJ was committed by another person.
  2. That the accused knew that the offense had been committed.
  3. That the accused failed to report the offense promptly.
  4. That the accused took steps to conceal the offense.
  5. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense includes:

  • Learning of a sexual assault, larceny, or violent crime and hiding the information.
  • Destroying evidence of another service member’s crime.
  • Assisting in covering up misconduct without directly participating in the offense.
  • Remaining silent despite a duty to report and actively concealing the truth.

It is important to note that mere silence is not always misprision. There must also be some act of concealment or deliberate failure to report.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years.

Defenses

Possible defenses include:

  • No knowledge: If the accused did not know that the offense had been committed.
  • Not a serious offense: If the underlying misconduct was minor.
  • No concealment: Mere silence without concealment may not qualify.
  • Compulsion or duress: If the accused reasonably feared harm for reporting the offense.

Examples

If a soldier learns that another stole government property and helps hide it, Article 134 applies. If a Marine knows of a sexual assault and destroys evidence to protect the offender, it qualifies. If an airman remains silent about a friend’s misconduct but does not conceal or obstruct, it may not meet the misprision standard.

Conclusion

Article 134 misprision charges highlight the military’s expectation that service members uphold accountability. By criminalizing concealment of serious offenses, the UCMJ ensures that no one shields misconduct that harms good order, discipline, and the reputation of the armed forces.

Frequently Asked Questions

1. What is the difference between misprision and aiding and abetting?
Misprision involves concealing a crime after it has occurred, while aiding and abetting means actively assisting in committing the crime itself. Misprision punishes silence and concealment, not direct participation. Both offenses harm military justice but at different stages of misconduct.

2. Does misprision require proof of concealment?
Yes. Mere failure to report may not be enough. There must also be an act of concealment, such as hiding evidence or misleading investigators. Without concealment, the charge may not stand. Courts require proof beyond silence.

3. What counts as a “serious offense” under this article?
Serious offenses include crimes like sexual assault, robbery, murder, larceny of significant value, or other major UCMJ violations. Minor infractions usually do not qualify. The seriousness is judged by maximum punishments and the impact on discipline.

4. What is the maximum punishment for misprision?
Confinement for up to 3 years, dishonorable discharge, and forfeiture of all pay and allowances. These penalties reflect the seriousness of concealing crimes. Although less than for the underlying crime, the punishment is still severe.

5. Can fear or intimidation excuse failure to report?
Yes. If the accused reasonably feared retaliation or harm for reporting, duress may serve as a defense. The military considers context, including threats by the offender. Courts evaluate whether silence was truly voluntary.

6. Is mere silence always a crime under misprision?
No. Silence alone, without concealment, usually does not qualify. The prosecution must prove both knowledge and concealment. Passive inaction is treated differently from active cover-ups.

7. Can misprision be charged with obstruction of justice?
Yes. If a service member conceals a crime and interferes with investigators, both charges may apply. Obstruction addresses interference with investigation, while misprision addresses failure to report and concealment. Both can be prosecuted together.

8. Does misprision apply to civilian crimes?
Yes, if the conduct involves crimes committed by service members subject to the UCMJ. Service members may also face misprision charges for concealing civilian crimes if their actions discredit the armed forces. Jurisdiction depends on the facts.

9. What if the accused reported the crime late?
Delayed reporting may mitigate punishment but does not erase liability if concealment occurred. Courts examine whether the accused acted promptly once aware of the offense. Unreasonable delays may still qualify as misprision.

10. Why is misprision important for military discipline?
Because it enforces a culture of accountability and transparency. Concealing crimes destroys trust, harms victims, and prevents justice. By punishing misprision, the UCMJ ensures service members act with integrity and report serious misconduct.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Misprision of a Serious Offense)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Sutphin, 46 M.J. 346 (1997)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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