Failure To Report A Crime

[blueeagle]

If somebody witnesses a crime being committed, is said person obligated to call the police? I heard that faliure to make a report could lead to them being charged as an accessory under the law of parties. Is this true?

[BOR]

If somebody witnesses a crime being committed, is said person obligated to call the police? I heard that faliure to make a report could lead to them being charged as an accessory under the law of parties. Is this true?

Under the US code (a US crime) and "maybe" so named under state codes, failure to report a felony is know as "Misprision".

http://www4.law.cornell.edu/uscode/s...4----000-.html


Regardless on the state level, the "catchprase" or title of the crime, it is probably a good bet most states criminalize failure to report a felony. If can be done anonymously, the better.

The trick is proving, in court, the person had knowledge of such a crime and did not report it.

I have also read from past research, it is a low level crime for failure to report a misdemeanor in some jurisdictions?? I have not sifted through TX law, BE, but it is possible it is a crime.

Also states require a person in an authoritative position, such as teacher, doctor etc.,, to report the crime of child abuse, etc., when such facts may be clear the child was harmed.

[Mr. Knowitall]

I'll disagree with part of that.

As a general rule, arising from common law, you have no obligation to report any crime you witness. The primary traditional exception is that you have a duty to protect people with whom you have a status relationship (e.g., your spouse, your minor children).

Misprision involves acts of concealment, not just a failure to report criminal activity.

There was a trend, some years back, for mostly local governments to try to pass laws requiring the reporting of certain offenses (so-called "Good Samaritan" laws), usually crimes in progress. That trend was parodied in the final episode of the T.V. series, Seinfeld. Although a bit off-point, many jurisdictions have some form of "good samaritan" law compelling medical professionals to stop and assist at the scene of an injury or accident.

Every U.S. jurisdiction now also has "mandatory reporting" laws, which require certain people (e.g., teachers, doctors, counselors) to report acts of child abuse.

[BOR]

I'll disagree with part of that.

As a general rule, arising from common law, you have no obligation to report any crime you witness. The primary traditional exception is that you have a duty to protect people with whom you have a status relationship (e.g., your spouse, your minor children).

I found a few applicable statutes by searching:

Ohio:

http://codes.ohio.gov/orc/2921.22

Texas:

http://tlo2.tlc.state.tx.us/statutes....htm#38.171.00

Misprision involves acts of concealment, not just a failure to report criminal activity.

I researched that a little;


"However, this offense requires active concealment of a known felony rather than mere omission of failing to report it. [1]"

1. See United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977) at 1227 ("The mere failure to report a felony is not sufficient to constitute a violation of 18 U.S.C.A. § 4."

Of course I have not looked through the USCA for any other sister circuit rulings, so I am only relying on Wikipedia here, that it is true, yes, a mere failure to report a US felony is not a crime, at least in the 5th.

There is always court decisions of statutes, I was merely posting the law facially, but it was helpful to have a citation since I did not search that far as you did.


http://en.wikipedia.org/wiki/Misprision_of_felony


Unless TX and Ohio's laws have such similar common law behind them as the federal companion statute, failure to report such as listed is a crime.

I know I have also read other states similar laws from past research.

[blueeagle]

The reason I asked is because one of my co-workers said he was once placed on 5 years probation for knowing about a burglary and not reporting it. I was just wondering if he was charged under the law of parties?

[BOR]

The reason I asked is because one of my co-workers said he was once placed on 5 years probation for knowing about a burglary and not reporting it. I was just wondering if he was charged under the law of parties?

It depends on what he did and was actually charged with, it may or may not have been the section I quoted in my other post.

I could not find any such "catchphrase", that is, "law of parties" in the Texas penal code, so I keyed in "law of parties" and a hit came up citing, which is what I believed it was in the first place, similar to an Inchoate/preparatory offense. It cited 7.02, to wit:


§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER. (a) A person is criminally responsible for an offense
committed by the conduct of another if:
(1) acting with the kind of culpability required for
the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the
offense and acting with intent to promote or assist its commission,
he fails to make a reasonable effort to prevent commission of the
offense.
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was committed
in furtherance of the unlawful purpose and was one that should have
been anticipated as a result of the carrying out of the conspiracy.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


States generally categorize such preparatory offenses as aiding and abetting, accessory, complicity, conspiracy, attempt, etc., state specific.

[blueeagle]

He knew the people who commited the offence. I belive they stole from his neighbor house... Could not calling the police be considered encouraging?

[cdwjava]

Perhaps when contacted by the police he lied about his knowledge. THAT might be construed in some way as aiding or abetting the thieves under TX law.

- Carl

[blueeagle]

He said that the police did question him about the offence, but he lied and said he didn't see anything. Eventually one of the theives confessed, and admited my co-worker knew about it and didn't report it. This is why he was arrested.

I think he said it was 1990...

Thanks for the input. I had never heard of somebody getting in trouble just for not reporting a crime though

[cdwjava]

Thanks for the input. I had never heard of somebody getting in trouble just for not reporting a crime though

He was not arrested for failure to report, I suspect he was arrested for covering it up.

- Carl