# When is it a Crime to not report a Crime **URL:** \ **Category:** Factual Questions\ **Created:** [February 22, 2006, 3:14pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629 "2006-02-22T15:14:30Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [February 22, 2006, 3:14pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/1 "2006-02-22T15:14:30Z")
9please bear with me, my right capital key and space bar have raised the red flag of rebellion against me.0 We can agree, I think, that the Common Law in no case makes failure to report a crime. I have long heard of instances where failure to report in a crime in itself. Still, I cannot think of a specific instance where this is true. (A thread in The Pit makes an oblique reference to one such case.) Is there a general rule? Does a requirement to report violate the protection against self-incrimination? How about protected relationships (can your doctor or priest be charged for not dropping a dime on you)? On the face of it, a requirement to report seems to go against lots of legal tradition. What is the earliest example of such a thing? ---
**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\ **Post date:** [February 22, 2006, 3:38pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/2 "2006-02-22T15:38:44Z")
When the nuns taught me in grade school, they impressed on me that the “Seal of the Confessional” is so absolutely sacrosanct that priests have to let themselves be killed rather than spill the beans. Is this true? ---
**Author:** ![ed](https://avatars.discourse-cdn.com/v4/letter/e/c77e96/32.png) [@ed](https://boards.straightdope.com/u/ed)\ **Post date:** [February 22, 2006, 3:56pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/3 "2006-02-22T15:56:09Z")
The only specific example I know of (in NY at least) is if you are what is considered a [mandated reporter](http://www.ocfs.state.ny.us/main/prevention/faqs_mandatedreporter.asp). I’m not sure if this is what you’re trying to get at, though. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 22, 2006, 4:06pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/4 "2006-02-22T16:06:37Z")
Here is a previous thread on the subject: > **[Is It A Crime To Not Report A Crime You Have Witnessed?](https://boards.straightdope.com/sdmb/showthread.php?t=342658)** > > This is purely hypothetical, but I got into a disagreement with a friend on this and we are pretty adamant on both of our positions, so please educate me. Let us suppose I witness a crime, a felony crime, such as someone stealing a car. Suppose I... Still looking for the others. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 22, 2006, 4:11pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/5 "2006-02-22T16:11:52Z")
[http://boards.straightdope.com/sdmb/showthread.php?t=342636](http://boards.straightdope.com/sdmb/showthread.php?t=342636) another thread where I cite some misprision and compounding statutes. ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [February 22, 2006, 5:24pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/6 "2006-02-22T17:24:00Z")
> [@Johanna](#): > > When the nuns taught me in grade school, they impressed on me that the “Seal of the Confessional” is so absolutely sacrosanct that priests have to let themselves be killed rather than spill the beans. Is this true? That’s true. Priests are not allowed to reveal what has been confessed to them. If lawmakers don’t like that, then there are going to be problems, but the vow of silence does not go away. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 22, 2006, 7:04pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/7 "2006-02-22T19:04:17Z")
It is called “misprision” – as in, “misprision of treason” or “misprision of felony” and yes, it was a crime at common law. See [http://en.wikipedia.org/wiki/Misprision](http://en.wikipedia.org/wiki/Misprision). It is today a federal crime under the U.S. Code: [http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/1/sections/section\_4.html](http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/1/sections/section_4.html) And under some state codes. See [http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005&AppMode=Display\_Results&Mode=Search%20Statutes&Submenu=2&Tab=statutes&Search\_String=misprision](http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005&AppMode=Display_Results&Mode=Search%2520Statutes&Submenu=2&Tab=statutes&Search_String=misprision) (this statute applies only to knowledge of treason). ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 22, 2006, 7:10pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/8 "2006-02-22T19:10:58Z")
> [@Diceman](#): > > That’s true. Priests are not allowed to reveal what has been confessed to them. If lawmakers don’t like that, then there are going to be problems, but the vow of silence does not go away. The law does recognize priest-penitent confidentiality, at least in the U.S., and no court can lawfully compel a priest to reveal what he heard in the confessional. Just as the law recognizes attorney-client confidentiality. OTOH – if a client told a lawyer he was **planning** to kill somebody (not that he already had done so), the lawyer would be both legally and professionally-ethically obligated to notify the police. I don’t know if the same rule would apply to a priest. ---
**Author:** ![cainxinth](https://avatars.discourse-cdn.com/v4/letter/c/7bcc69/32.png) [@cainxinth](https://boards.straightdope.com/u/cainxinth)\ **Post date:** [February 22, 2006, 7:48pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/9 "2006-02-22T19:48:13Z")
> [@BrainGlutton](#): > > The law does recognize priest-penitent confidentiality, at least in the U.S., and no court can lawfully compel a priest to reveal what he heard in the confessional. Just as the law recognizes attorney-client confidentiality. That’s true, but it’s important to note that significantly more weight is given to attorney client communications. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [February 22, 2006, 10:24pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/10 "2006-02-22T22:24:43Z")
> [@Johanna](#): > > When the nuns taught me in grade school, they impressed on me that the “Seal of the Confessional” is so absolutely sacrosanct that priests have to let themselves be killed rather than spill the beans. Is this true? I’m not sure, but at least in the U.K., priests are supposed to tell the police when someone has confessed to a major crime, but no more. So if John Smith told Reverend Jones that he’d murdered Jane Smith, Rev. Jones would go to the police and say that someone has confessed to a murder, but not name either John Smith or Jane Smith. ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [February 23, 2006, 12:43am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/11 "2006-02-23T00:43:01Z")
> [@BrainGlutton](#): > > OTOH – if a client told a lawyer he was **planning** to kill somebody (not that he already had done so), the lawyer would be both legally and professionally-ethically obligated to notify the police. Actually, this varies by state. I understand that some states’ attorney disciplinary codes require lawyers to disclose serious crimes, some states permit but do not require lawyers to disclose crimes, and (I believe still) some states prohibit lawyers from disclosing crimes. For instance, New York Disciplinary Rule 4-101(c)(3) provides: “A lawyer _may_ reveal: . . . (3) The intention of a client to commit a crime and the information necessary to prevent the crime.” (emphasis added) So, as a New York lawyer, if a client told me that he were going to commit a crime, I could disclose it, but I would not be required to. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [February 23, 2006, 2:14am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/12 "2006-02-23T02:14:40Z")
Thank you all. I so often think I am well-inofmred on this sort of thing only to discover I am in fact miss-informed. “Misprision” is my Word of the Day. I will try to work it into conversation. “My you look very misprision today.” “How very misprision of you.” ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [February 23, 2006, 2:27am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/13 "2006-02-23T02:27:44Z")
> [@BrainGlutton](#): > > OTOH – if a client told a lawyer he was **planning** to kill somebody (not that he already had done so), the lawyer would be both legally and professionally-ethically obligated to notify the police. Like **Billdo** pointed out, this isn’t true in all jurisdictions. In fact, in my jurisdiction, I am _permitted_ to disclose that my client plans to kill somebody, [but I am not required to do so](http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Current_Rules.gif&sCategoryPath=/Home/Attorney%20Resources/Rules%20%26%20Regulations/Rules%20of%20Professional%20Conduct&sFileType=HTML&sCatHtmlPath=html/RPC_Current-Rules-3-100.html). > [@Paul in Saudi](#): > > “Misprision” is my Word of the Day. I will try to work it into conversation. “My you look very misprision today.” “How very misprision of you.” If it helps, the “sion” in misprision is pronounced like the “sion” in tension. ---
**Author:** ![Suburban\_Plankton](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suburban_plankton/32/219_2.png) [@Suburban\_Plankton](https://boards.straightdope.com/u/Suburban_Plankton)\ **Post date:** [February 23, 2006, 5:12am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/14 "2006-02-23T05:12:59Z")
> [@Quartz](#): > > I’m not sure, but at least in the U.K., priests are supposed to tell the police when someone has confessed to a major crime, but no more. So if John Smith told Reverend Jones that he’d murdered Jane Smith, Rev. Jones would go to the police and say that someone has confessed to a murder, but not name either John Smith or Jane Smith. Are you certain of this? It seems to be a very silly rule. So a priest is supposed to walk into the police station and announce “some person killed some other person”? Absent any names or other description, that seems to me to be a completely useless piece of information. ---
**Author:** ![Spidey](https://avatars.discourse-cdn.com/v4/letter/s/ac91a4/32.png) [@Spidey](https://boards.straightdope.com/u/Spidey)\ **Post date:** [February 23, 2006, 7:48am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/15 "2006-02-23T07:48:28Z")
> [@BrainGlutton](#): > > OTOH – if a client told a lawyer he was **planning** to kill somebody (not that he already had done so), the lawyer would be both legally and professionally-ethically obligated to notify the police. > > I don’t know if the same rule would apply to a priest. Would the priest be allowed (as per the priest code) to try and stop the murder himself? It doesn’t seem very holy to allow a murder to happen… maybe it is better for the priest to commit a minor sin by breaking the man’s legs, rather than allow the potential murder to commit a major sin. ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [February 23, 2006, 12:44pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/16 "2006-02-23T12:44:35Z")
> [@Spidey](#): > > Would the priest be allowed (as per the priest code) to try and stop the murder himself? It doesn’t seem very holy to allow a murder to happen… maybe it is better for the priest to commit a minor sin by breaking the man’s legs, rather than allow the potential murder to commit a major sin. I seem to remember a made-for-tv movie with this premise. A serial killer confessed his sins to a priest, but wouldn’t turn himself in to the police, so the priest goes after the guy himself. I don’t know what the rules would be in the real world, however. ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [February 23, 2006, 2:06pm UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/17 "2006-02-23T14:06:29Z")
> [@ed](#): > > The only specific example I know of (in NY at least) is if you are what is considered a [mandated reporter](http://www.ocfs.state.ny.us/main/prevention/faqs_mandatedreporter.asp). > > I’m not sure if this is what you’re trying to get at, though. Alberta has something similar, but skips the long list of “mandated reporters”. See [Responding to Child Abuse](http://www.solgen.gov.ab.ca/awareness/downloads/responding_to_child_abuse_handbook.pdf) _Section 4(1) of the Child, Youth and Family Enhancement Act states: “ANY PERSON who has reasonable and probable grounds to believe that a child is in need of intervention shall forthwith report the matter to a director.”_ ---
**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\ **Post date:** [February 24, 2006, 4:00am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/18 "2006-02-24T04:00:41Z")
> [@Diceman](#): > > I seem to remember a made-for-tv movie with this premise. A serial killer confessed his sins to a priest, but wouldn’t turn himself in to the police, so the priest goes after the guy himself. I don’t know what the rules would be in the real world, however. Would that be G.K. Chesterton’s Father Brown? ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [February 24, 2006, 4:06am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/19 "2006-02-24T04:06:04Z")
> [@Paul in Saudi](#): > > “Misprision” is my Word of the Day. I will try to work it into conversation. “My you look very misprision today.” “How very misprision of you.” It feels very “debutante ball”-ish, doesn’t it? " Mis Prison, may I introduce Mys Ogenist? She’s of the Bryn Mawr Ogenists. Her great great uncle was Sir Hammock of Mysanthrope. " 😉 For three years I was a mandated reporter in NYS. Fortunately, I never had to drop a dime on anyone. Cartooniverse ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 24, 2006, 5:20am UTC](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629/20 "2006-02-24T05:20:31Z")
> [@Campion](#): > > Like **Billdo** pointed out, this isn’t true in all jurisdictions. In fact, in my jurisdiction, I am _permitted_ to disclose that my client plans to kill somebody, [but I am not required to do so](http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Current_Rules.gif&sCategoryPath=/Home/Attorney%20Resources/Rules%20%26%20Regulations/Rules%20of%20Professional%20Conduct&sFileType=HTML&sCatHtmlPath=html/RPC_Current-Rules-3-100.html). This covers the legal aspect of it but does the Bar Association say anything about this (be it state or national)? That is, while you may not be prosecuted for failing to report a client’s intention to commit a crime could you be disbarred? [Next page](https://boards.straightdope.com/t/when-is-it-a-crime-to-not-report-a-crime/345629.md?page=2)