At what point does helping a friend to "hide the body" become illegal?

[robardin]

[And no, I don't need the answer fast... Nor do any of my friends :)]

This came up in the context of the saying "a good friend helps you move; a true friend helps you hide the body".

So, let's say I'm a very good friend, yet balk at personally hands-on helping to "hide the body". At what level of involvement do I become guilty of being an accessory, and to what? Assuming I wasn't aware of any plans to murder the person - my friend shows up at my door in a panic and claiming "it was an accident" - what can I be charged with under the following scenarios:

1 - I turn him away at the door, and:

1a - Do not pick up a phone to turn him in to the cops, but would tell all I know under questioning (which may never happen)
1b - Claim I know nothing about it even if asked by the cops, but admit he came to me if they present proof of him doing so
1c - Even when they show proof that he visited me, claim he never mentioned "the body" but just asked to borrow money/crash for the night, until maybe caught in that lie

1b and 1c are obviously perjury charges, but is 1c worse?

2 - I refuse to personally help him dispose of the body, but in some combination:

2a - Give him no material aid, but suggest a strategy for disposing of the body (which he implements)
2b - Give him personal aid, like a change of clothes, food or shelter, but nothing related to the corpse
2c - Give him significant financial aid (a couple thousand bucks in cash)
2d - Give him material aid in his cover-up (lend him a pickup truck, shovels, chainsaw, rubber piping, etc., that I have lying around)

Are any of these worse, independently or in conjunction with anything else from Category 1 or 2?

[obbn]

IANAL but I would think that as soon as you were aware that there was a body and you failed to notify the authorities that you are in trouble. If you know about a murder and don't say anything I would presume you could be charged as an accessory.

[jtgain]

It seems at first blush that in all of those scenarios, you would be considered an accessory to murder after the fact.

Your post seems to be a top to bottom list of bad to worse, with the top one (1a) might have the DA declining to press charges with the bottom ones getting you a heavy prison sentence.

[aceplace57]

I'm glad the OP didn't need an answer FAST.

:D

[Theophane]

At what point does helping a friend to "hide the body" become illegal?

Helping to conceal a corpse isn't something you should ever agree to. Go directly to jail, do not collect $200.

[Asympotically fat]

IANAL, but I'm reasonably certain in the UK the charges would be along the libes of:

1a failing to report a death

1b/1c obstructing/attempting to pervert the course of justice

2. assisting an offender

All 3 are very serious offences.

I assume that most US jurisdictions would have simlair offences.

[Theophane]

I hope no one here is actually thinking about helping a friend hide a body.

[standingwave]

IANAL but there is misprision of felony (http://en.wikipedia.org/wiki/Misprision_of_felony) which seems to be enforced to varying degrees from one jurisdiction to the next. So I guess it's like real estate; it's all about location.

[Asympotically fat]

I hope no one here is actually thinking about helping a friend hide a body.

I'm thinking about it!

[Asympotically fat]

IANAL but there is misprision of felony (http://en.wikipedia.org/wiki/Misprision_of_felony) which seems to be enforced to varying degrees from one jurisdiction to the next. So I guess it's like real estate; it's all about location.

I would've thought that jurisdictions have specific laws about reporting deaths which cover all types of death (including natural and accidental as well as those resulting from criminal acts).

[robardin]

I hope no one here is actually thinking about helping a friend hide a body.

Well that just shows what kind of a friend YOU are. :D

[Qwakkeddup]

On the prison tour, The trustee that gave us the tour, was sentenced for 30 years for knowing about a planned murder. The murderers together spent less than 3 years and were released on parole.

[Becky2844]

The second your friend tells you about it---and you don't report it?---if found out later you'd immediately be charged with Assessory After the Fact. At the least.

That's why he turned to a true friend.

If it was on the up-and-up he could have called Triple A.

[Mdcastle]

For what it's worth the psych nurse I see was charged with being an accessory after a fact to murder and was arrested. Her son ran down several people near the university campus killing one, one of his friends made the allegation that she helped her son sell the car knowing it had been used in the crime. (She was released on 100,000 bail, then her sons' friend recanted and charges against her were reduced and then dropped and she even has her job back now; I was assigned to a different practioner in her absence but now I have the option of seeing her again...)

[VOW]

If you provide the chain saw, the tarp, the lime, and a map, you might also be charged with desecration of a dead body.

Dismemberment is considered pretty yucky.


~VOW

[Hail Ants]

1 - I turn him away at the door, and:

1a - Do not pick up a phone to turn him in to the cops, but would tell all I know under questioning (which may never happen)
1b - Claim I know nothing about it even if asked by the cops, but admit he came to me if they present proof of him doing so
1c - Even when they show proof that he visited me, claim he never mentioned "the body" but just asked to borrow money/crash for the night, until maybe caught in that lie

1b and 1c are obviously perjury charges, but is 1c worse?

2 - I refuse to personally help him dispose of the body, but in some combination:

2a - Give him no material aid, but suggest a strategy for disposing of the body (which he implements)
2b - Give him personal aid, like a change of clothes, food or shelter, but nothing related to the corpse
2c - Give him significant financial aid (a couple thousand bucks in cash)
2d - Give him material aid in his cover-up (lend him a pickup truck, shovels, chainsaw, rubber piping, etc., that I have lying around)

Are any of these worse, independently or in conjunction with anything else from Category 1 or 2?
Obligatory IANAL, but the only defense I would accept for all the number ones is you claiming that you thought your friend was joking. And it had better be a fairly believable claim, IOW the assumption is a reasonable person would have believed it and the burden to prove otherwise is on you.

As far as all the number twos, again the only defense I would accept would be along the lines of, "I was afraid that if I didn't help him he would murder me too". Even without your friend having actually said this, but you having just gotten this 'vibe' from him, I would still find this a very acceptable defense.

BUT, unless the moment you were out of his sphere of influence you literally made a beeline to the police station, if you did anything other than this, you are absolutely positively guilty of accessory after the fact and deserve to be punished for it (though certainly not as severely as your murdering friend).

Note: This all applies regardless of you being father, mother, son, daughter, brother, sister, husband, wife, ex-husband, ex-wife etc. of the accused. The only exceptions would be if you were a minor, and even then you better be a young minor.

[Regallag_The_Axe]

[At about 1:30 AM the man who's named for an edged weapon, and who is DEFINITELY NOT A LAWYER, strolls in and comments]
1 - I turn him away at the door, and:

1a - Do not pick up a phone to turn him in to the cops, but would tell all I know under questioning (which may never happen)
1b - Claim I know nothing about it even if asked by the cops, but admit he came to me if they present proof of him doing so
1c - Even when they show proof that he visited me, claim he never mentioned "the body" but just asked to borrow money/crash for the night, until maybe caught in that lie
Lying when you're questioned by the cops is a bad idea. Telling the truth while being questioned by the cops is also a bad idea. Tell the police NOTHING until you have a lawyer with you. That part of the warning where they tell you that anything you say can AND WILL be used against you? They're serious about that 'and will' part.

Everything in number two sounds bad. Unless you and your friend are professional killers (Which aren't really a thing) you'd probably be proper fucked.

Dismemberment is considered pretty yucky.
Aw, but it's so useful! Just two Phyrexian black and one colorless for -5/-5 untill end of turn, how could I not put it in my sideboard? Come on, I con't be the only one who's been at FNM all night.

[Rhythmdvl]

BUT, unless the moment you were out of his sphere of influence you literally made a beeline to the police station, if you did anything other than this, you are absolutely positively guilty of accessory after the fact and deserve to be punished for it (though certainly not as severely as your murdering friend).Anyone want to offer a cite for the definitiveness that not making a beeline to the police is going to get you in trouble? I'm sure it's the case in some jurisdictions, but the broad-brush is fairly broad and unsubstantiated.

FWIW, you're probably in the clear as far as the Feds are concerned (probably because there's always nuance and I'm not Shepardizing a 1977 case). Anyway, take a look at US v. Johnson (http://law.justia.com/cases/federal/appellate-courts/F2/546/1225/204934/):
The factual basis of defendant's plea does not demonstrate the existence of "concealment," an essential element of the offense of misprision. The record of defendant's plea fails to reveal that he took " affirmative steps to conceal the crime of the principals." ... The mere failure to report a felony is not sufficient to constitute a violation of [the Federal misprision statute]. (internal cites removed for readability)

This doesn't quite speak to the OP's question of when you do cross the line into "concealment," but it's not as clear-cut as some of the above posts make it sound.


ETA: I quoted HA because it was a conveniently well-written statement of the certainty of misprison, not to call him/her out on it in particular. That he was talking about bolstering the "but I was under fear" is one of those nuance things.

[isaiahrobinson]

Does anyone have cites for any of these claims that you will "definitely" be considered an accessory to murder in all of these scenarios, including the first one? That doesn't sound right to me. It strikes me as strange that you would be considered guilty of being an accessory to crime purely because, when someone says to you, "I have committed a crime, can you help me?", you reply "No", but fail to tell the police afterwards. There's no legal requirement to report every crime you hear about to the police, that I'm aware of anyway. Why should there be? Why should it be any different for murder than for any other crime?

Once you start talking about lying to the police or actively assisting in the cover-up then sure, those things are illegal, but everyone in this thread seems to have assumed an absolute legal requirement of reporting every potentially illegal act you see to the police, under penalty of being rendered a criminal yourself, which I'm not aware of.

[BeaMyra]

What about if you and your friend discover some fraud at your workplace, and expose it. Then your supervisor invites you over to his house, but he's going to kill you but someone kills him first. And then you have to pretend the boss is still alive... :D

[Crafter_Man]

In Ohio, if you witness a felony and fail to report it, you can be charged with a misdemeanor:

ORC 2921.22: Failure to report a crime or knowledge of a death or burn injury (http://codes.ohio.gov/orc/2921.22).

[lawbuff]

Does anyone have cites for any of these claims that you will "definitely" be considered an accessory to murder in all of these scenarios, including the first one? That doesn't sound right to me. It strikes me as strange that you would be considered guilty of being an accessory to crime purely because, when someone says to you, "I have committed a crime, can you help me?", you reply "No", but fail to tell the police afterwards.

The correct legal terminology you seek is accessory "after the fact". Merely failing to report a murder is not chargeable as accessory after the fact, no constitutional way.

NOW, other acts "after the fact" may or may not constitute such. One such case I found online, to wit:

The N.C. Supreme Court addressed this issue in State v. Williams, 229 N.C. 348 (1948). In that case, the defendants were indicted for being accessories after the fact to the murder of Thompson Hooker by Bud Hicks. After Hicks shot Hooker, the defendants aided Hicks by driving him from the crime scene. Thompson died the next day. Reversing the defendants’ convictions, the court noted that “one cannot be convicted as an accessory after the fact unless the felony be completed, and, until such felony has been consummated, any aid or assistance rendered to a party in order to enable him to escape the consequences of his crime will not make the person affording the assistance an accessory after the fact.” Id. at 349 (quotation omitted). The court went on to conclude: “a person cannot be convicted as an accessory after the fact to a murder because he aided the murderer to escape, when the aid was rendered after the mortal wound was given, but before death ensued, as a murder is not complete until the death results.” Id.



Now some jurisdictions may have ruled contrary on such facts of similar import as above?

If you coverup the murder, give money to a person to flee after the murder, these may be considered after the fact elements, each state's CASE law is controlling.

Inchoate offenses such as accessory, complicity, conspiracy aiding and abetting, etc., the person so arrested needs to serve a constructive/semi part in it, simply failing to report a murder you witness is not an after the fact crime.

I am not a lwyer, so take it for what's it's worth.

[md2000]

IANAL - but...

Unless (like Ohio) there is a law that requires you to report (why burns???), you are not guilty for doing nothing. Even then, the question is - what is the burden of proof of knowledge; if Joe says "I shot that bastard last night" is that (hearsay) sufficient? Or is it seeing the body? A funny shape, all wrapped up?

When you take action to help someone in some way with the crime they are doing, before or after the crime, you are a participant. Accessory charges are possible, as are any additional charges about laws you break. You can even be hanged for fixing the guy's broken leg without knowing what he did, if he just finished shooting Abe Lincoln. Definitely for helping someone escape, or providing money so they can, or helping them hide evidence like bodies, or providing the tools knowing why they are needed.

If he's already wanted, you can be charged for harboring a fugitive. When you lie to the police, you are obstructing justice. Charges will likely follow. This is why the common advice is to shut up. Never lie. Also, there are assorted charges that can follow, depending on what else you do. I suspect crossing state lines with the body is not a good idea.

1B abd 1C are only perjury if you repeat them under oath. By the time it gets to that, either you will kno if they have the evidence to contradict your lies, or your buddy will turn you in to get a lesser sentence (what are friends for, after all?).

[LSLGuy]

IANAL - but...

Unless (like Ohio) there is a law that requires you to report (why burns???) ...Adressing just the "why burns???" ...

Reading the statute, it appears the legislative goal is forcing medics & first responders to report evidence of explosions, big fires, and use of (presumably illegal) fireworks. Any explosion or big fire which hasn't already come to the fire service's attention is likely to be the result of illegal activity (e.g. my meth lab blew up & I'm sure not calling the fire dept.)

In the next breath they go on to require reporting of otherwise ordinary injuries which appear to be the result of domestic violence.

[md2000]

Adressing just the "why burns???" ...

Reading the statute, it appears the legislative goal is forcing medics & first responders to report evidence of explosions, big fires, and use of (presumably illegal) fireworks. Any explosion or big fire which hasn't already come to the fire service's attention is likely to be the result of illegal activity (e.g. my meth lab blew up & I'm sure not calling the fire dept.)

In the next breath they go on to require reporting of otherwise ordinary injuries which appear to be the result of domestic violence.

Seriously?? Meth lab explosions that go unreported by the first responders AND unoticed by the police are such a big problem that it required hours or days of attention by the full staff of the legislature?? How many hundreds of thousands did that cost? For how many cases?

[Becky2844]

Paul McCartney got in trouble because when Linda died (in America) he had her body transported back to England without notifying anybody of her death.

Being Paul McCartney, he was probably able to get things worked out pretty quick. I never heard anything else about it.

There are lots of different ways to get in trouble, tho.

[Reply]

Note: This all applies regardless of you being father, mother, son, daughter, brother, sister, husband, wife, ex-husband, ex-wife etc. of the accused. The only exceptions would be if you were a minor, and even then you better be a young minor.

How does this interact with spousal privilege?

[littlespeedysuperbike]

This is entirely academic.

Any decent plan for "hiding the body" will work.

There are 3,600,000 square miles of land in America.

You will be in very lightly inhabited country within 50 miles of any city, driving entirely on paved roads.

[Uber_the_Goober]

This is entirely academic.

Any decent plan for "hiding the body" will work.

There are 3,600,000 square miles of land in America.

You will be in very lightly inhabited country within 50 miles of any city, driving entirely on paved roads.

Problem is generally that people of a mind to kill another generally aren't of a mind to control themselves reasonably enough afterwards to manage a "decent plan".

You know, emotions overtaking them and all. Now pre-meditated murderers - they have a better chance.

All else being equal luck plays a large role in escaping consequences of crime. So if questioned by police about a crime (yours or another's) the best bet is to just shutup and quietly pray to the gods of luck that they have nothing on you.

[Springtime for Spacers]

I don't know if it would stop you being found guilty of any of the aforementioned crimes but being in fear of the murderer would be a powerful mitigation. ISTR a UK case where the accessory put a convincing case for being terrified of what the murderer would do to them or their family if they didn't help and didn't recieve a custodial sentence.

In this horrific case (http://en.wikipedia.org/wiki/Rachel_Hudson)only the family members deemed to be instigators were convicted, others were deemed to be too firghtened and under the thrall of abuse themselves.