Results 1 to 5 of 5
  1. #1

    Default Can You Face Conspiracy Charges for Not Reporting Your Knowledge of a Planned Crime

    My question involves criminal law for the state of: federal

    Can you be charged for having knowledge of an ongoing crime or planned crime, and failing to report it to police? Particularlu
    Y, in a case where you had no direct involving in the crime itself, you merely "knew" it was happening or going to happen, and you didn't do anything about it. Would that be chargeable as conspiracy?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is Knowledge of an Unreported Crime Considered Conspiracy

    Quote Quoting Question4law
    View Post
    My question involves criminal law for the state of: federal

    Can you be charged for having knowledge of an ongoing crime or planned crime, and failing to report it to police? Particularlu
    Y, in a case where you had no direct involving in the crime itself, you merely "knew" it was happening or going to happen, and you didn't do anything about it. Would that be chargeable as conspiracy?
    In general, merely knowing of a crime and failing to report it is not a crime. There are some specific situations in which a person may be required to report a crime, and they vary by jurisdiction. Federal law imposes no general requirement to report federal crimes nor imposes any penalty for failing to report them. The federal crime of misprison of a felony penalizes a failure to report a federal felony offense if the person had knowledge of the crime and had taken some active step to help conceal it. So more than just knowledge of the crime is necessary to be guilty of that offense.

  3. #3

    Default Re: Is Knowledge of an Unreported Crime Considered Conspiracy

    Okay thank you. The reason I ask is the Feds sound like they are preparing charges against the Orlando terrorist's ex-wife. The only basis the media has given is that she might have known about the planned attacks and his purchases of ammo and not notified authorities.

    Also, there was a case recently where a woman was charged with a crime for allowing her husband to rape her children, and she did nothing about it. Further, I have heard of drug cases where a person was charged with conspiracy for merely knowing about a drug lab that their partner was operating in their house, or for knowledge of criminal drug activities, with no complicit involvement. I suppose there are unique laws at play in each of those examples, though.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is Knowledge of an Unreported Crime Considered Conspiracy

    Quote Quoting Question4law
    View Post
    Okay thank you. The reason I ask is the Feds sound like they are preparing charges against the Orlando terrorist's ex-wife. The only basis the media has given is that she might have known about the planned attacks and his purchases of ammo and not notified authorities.
    It is almost certain that the authorities have more info than the media does about her involvement - if any. If she si charged, we will eventually learn more.

    Also, there was a case recently where a woman was charged with a crime for allowing her husband to rape her children, and she did nothing about it.
    Yeah, that's child neglect, abuse, or something else (depending on jurisdiction). A parent has a duty to protect their children and failing to do so when there is a clear threat of harm can be a crime. I have arrested many parents under similar circumstances.

    Further, I have heard of drug cases where a person was charged with conspiracy for merely knowing about a drug lab that their partner was operating in their house, or for knowledge of criminal drug activities, with no complicit involvement. I suppose there are unique laws at play in each of those examples, though.
    Yeah. If a person profits from the known illegal activity (i.e. their rent/mortgage/expenses are paid by the income from the activity) it can be a crime.

    The facts and the jursidcition are important. It is difficult to make a blanket proclamation about such things.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is Knowledge of an Unreported Crime Considered Conspiracy

    Quote Quoting Question4law
    View Post
    Okay thank you. The reason I ask is the Feds sound like they are preparing charges against the Orlando terrorist's ex-wife. The only basis the media has given is that she might have known about the planned attacks and his purchases of ammo and not notified authorities.
    The feds will need more than just that she had some information indicating he planned an attack and didn't report it. She had to have either been a participant in it in some way or have taken active steps to conceal it. The media doesn’t know all that the federal law enforcement agencies do, and moreover, the press generally does a poor job explaining the law.

    Quote Quoting Question4law
    View Post
    Also, there was a case recently where a woman was charged with a crime for allowing her husband to rape her children, and she did nothing about it.
    And in that case there was more than just a failure to report a known crime. As the mother she has an obligation to care and protect her children, and if she actually allowed it then she was a participant in the crime.

    Quote Quoting Question4law
    View Post
    Further, I have heard of drug cases where a person was charged with conspiracy for merely knowing about a drug lab that their partner was operating in their house, or for knowledge of criminal drug activities, with no complicit involvement. I suppose there are unique laws at play in each of those examples, though.
    The exact details of it and the applicable state law matter. My guess is that there was more to it than just knowing of a crime and failing to report it.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Shoplifting and Conspiracy Charges
    By Fto14 in forum Criminal Charges
    Replies: 6
    Last Post: 03-13-2013, 07:38 AM
  2. Sex Offenses: Is it a Crime to Have Knowledge of Statutory Rape and Not Act
    By Babs76 in forum Criminal Charges
    Replies: 12
    Last Post: 11-27-2012, 02:18 PM
  3. Probation and Parole: If you Commit a New Crime Before Discharge, Can You Still Face Probation Violation
    By mmdg1020 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 08-28-2012, 04:50 PM
  4. Initiation of Charges: How to Get the Police to Prosecute After a Delay in Reporting a Crime
    By Kungpaoshizi in forum Criminal Procedure
    Replies: 14
    Last Post: 08-15-2012, 02:11 AM
  5. Expungement and Sealing: Federal Crime of Conspiracy to Counterfeit Money
    By cased202664 in forum Criminal Records
    Replies: 1
    Last Post: 05-19-2009, 10:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources