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Old 04-24-2002, 01:38 PM   #15
Mason
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Join Date: Apr 2002
Posts: 158
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While you certainly looked up the proper statute, you have not looked at it closely enough. An examination of the annotated code would have shown your "elements" to be a misapplication of the law. You should fully examine the law before making assumptions based upon a reading.

"An essential element of the offense of misprision of felony is concealment, and mere failure to report a felony is not sufficient to constitute a violation under this section." U. S. v. Johnson, C.A.5 (Tex.) 1977, 546 F.2d 1225.

"Mere failure to report a felony is not sufficient to sustain conviction for misprision of felony; violation of this section additionally requires some positive act designed to conceal from authorities fact that felony has been committed." U.S. v. Davila, C.A.5 (Tex.) 1983, 698 F.2d 715, rehearing denied 703 F.2d 557.

Therefore, "conceal" is not merely inaction but requires some action (actus rea) upon the defendant. Your statement that "or does not report the crime" is an element of 18 U.S.C. ยง4 is entirely incorrect.
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