§ Article 131c : Misprision of Serious Offense

Article 131c of the UCMJ (10 U.S.C. § 931c) punishes knowing that another person has committed a serious offense, and wrongfully concealing that fact rather than making it known to civilian or military authorities as soon as possible.

Who It Applies To

Any person subject to the UCMJ who knows that another person has committed a serious offense, and who wrongfully conceals the commission of that offense and fails to make it known to civilian or military authorities as soon as possible.

What It Covers

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

Key rules

• Misprision is concealing a serious offense committed by another, without the prior agreement or later assistance that would make the accused an accessory. An intent to benefit the offender is not required.
• A serious offense is any offense punishable under the UCMJ by death or by confinement for more than 1 year.
• A mere failure or refusal to disclose the offense is not enough; there must be a positive act of concealment. Under the Manual, making a false entry in an account book to conceal a theft by another is an example.

Maximum Punishment

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

Sentencing parameters. Category 2 (1–36 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Misprision requires a positive act concealing another person’s completed serious offense. Receiving, comforting, or assisting the offender to hinder apprehension or punishment is accessory after the fact under Article 78, and conduct aimed at a pending or anticipated case is obstructing justice under Article 131b.

What the Provision Does

Article 131c addresses active concealment of a known serious offense by another person. It does not make a mere failure to report an offense a crime.

History

Article 131c was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5446), effective January 1, 2019. Before then, misprision of a serious offense was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 931c (Article 131c, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 84
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C