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Failure to report a crime?

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mwhii

Junior Member
What is the name of your state (only U.S. law)? West Virginia

If a family member commits a crime (non-violent eg. theft of a new car) and tells you about it after it has been committed, can you get in trouble for not reporting the crime? Even if its your own family member? If so, what sort of punishment is there for not reporting?
 


ShivM

Junior Member
>>>If a family member commits a crime (non-violent eg. theft of a new car) and tells you about it after it has been committed, can you get in trouble for not reporting the crime? ....what sort of punishment is there for not reporting?>>>

You do NOT have to report crimes in general. This includes both violent and non-violent crimes.

- In Ohio there is an exception where all felony crimes must be reported. This can be done anonymously, and there appears to be no time frame.

- In Texas, an act of homicide must be reported unless someone else is doing the reporting.

- In most states, mandated reporters such as medical care professionals, school teachers and social care workers may have to report child abuse under some conditions (when they are in professional contact with abused kids). The list includes foster parents in some jurisdictions. Other vulnerable populations like elderly patients being abused may have to be reported in some states by a mandated reporter (Illinois for sure).

- There are some reportage laws in some juridictions for specific things - for instance bribery has to be reported by some (such as govt. employees) in 4 states. An act of treason may need to be reported here or there.


BUT...generally you are not compelled to report knowledge of a crime.

Just don't conceal it, otherwise there is a misprision of felony. So don't lie to officers or investigators, and don't cover it up.

You cannot be charged with being an accomplice unless you aided or incited the criminals, or helped plot things for them.

So take it easy.
 

Ohiogal

Queen Bee
>>>If a family member commits a crime (non-violent eg. theft of a new car) and tells you about it after it has been committed, can you get in trouble for not reporting the crime? ....what sort of punishment is there for not reporting?>>>

You do NOT have to report crimes in general. This includes both violent and non-violent crimes.

- In Ohio there is an exception where all felony crimes must be reported. This can be done anonymously, and there appears to be no time frame.

- In Texas, an act of homicide must be reported unless someone else is doing the reporting.

- In most states, mandated reporters such as medical care professionals, school teachers and social care workers may have to report child abuse under some conditions (when they are in professional contact with abused kids). The list includes foster parents in some jurisdictions. Other vulnerable populations like elderly patients being abused may have to be reported in some states by a mandated reporter (Illinois for sure).

- There are some reportage laws in some juridictions for specific things - for instance bribery has to be reported by some (such as govt. employees) in 4 states. An act of treason may need to be reported here or there.


BUT...generally you are not compelled to report knowledge of a crime.

Just don't conceal it, otherwise there is a misprision of felony. So don't lie to officers or investigators, and don't cover it up.

You cannot be charged with being an accomplice unless you aided or incited the criminals, or helped plot things for them.

So take it easy.
Actually you forgot to mention the whole bit about accessory after the fact. That is a crime as well and the OP could be charged with such.
 

ShivM

Junior Member
Actually you forgot to mention the whole bit about accessory after the fact. That is a crime as well and the OP could be charged with such.
>>

Nope. The old common law definition is now replaced in most jurisdictions. In most states being an accessory requires ANY of the below:

- Inciting a crime
- Aiding or abetting a criminal
- Covering up a crime

You usually cannot be charged with being an accessory just for knowing of a crime. Also, a confession by itself is hardly "knowing" - it could be untrue. There are some exceptions when the state attorney may try to rake up charges but that doesn't mean the courts would buy it.
 

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