UCMJ Article 131c Misprision of Serious Offense vs Article 78 Accessory After the Fact: Concealing Knowledge vs Actively Helping
On this page: 5 sections
Both offenses begin with knowing that someone else committed a crime, and neither is committed by silence alone. Misprision under Article 131c requires a positive act that conceals a serious offense, plus a failure to report it as soon as possible. Accessory after the fact under Article 78 requires receiving, comforting, or assisting the offender for the purpose of hindering the offender’s apprehension, trial, or punishment.
The difference is purpose. An accessory acts to help the offender escape apprehension, trial, or punishment; misprision needs no such purpose, only a positive act that conceals a serious offense.
Article 131c
(1) who knows that another person has committed a serious offense; and
(2) wrongfully conceals the commission of the offense and fails to make the commission of the offense known to civilian or military authorities as soon as possible;
Source: 10 U.S.C. § 931c (Article 131c), in effect since January 1, 2019.
The Manual for Courts-Martial explains three points (MCM, Part IV, ¶ 84.c):
- Serious offense means “any offense punishable under the authority of the UCMJ by death or by confinement for a term exceeding 1 year.”
- A positive act is required. “A mere failure or refusal to disclose the serious offense without some positive act of concealment does not make one guilty of this offense.” The Manual’s example is making a false entry in an account book to conceal a theft committed by someone else.
- No intent to help the offender. Misprision is concealing a serious offense “without such previous concert with or subsequent assistance to the principal as would make the accused an accessory,” and “An intent to benefit the principal is not necessary to this offense.”
Article 78
Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 878 (Article 78).
The accused must have actual knowledge of the offense, and the assistance must come afterward and be for the purpose of hindering apprehension, trial, or punishment (MCM, Part IV, ¶ 2.b, ¶ 2.c(7)). Assistance includes acts that conceal the offense itself, such as concealing evidence (¶ 2.c(1)). The Manual links the two offenses directly: a failure to report is not accessory liability, but “If the offense involved is a serious offense, and the accused does anything to conceal it, failure to report it may constitute the offense of misprision of a serious offense” (¶ 2.c(2)).
Where the line falls
| Misprision (Article 131c) | Accessory after the fact (Article 78) | |
|---|---|---|
| Underlying offense | A serious offense: punishable by death or more than 1 year | Any offense punishable by the UCMJ |
| Required act | A positive act of concealment, plus failure to report as soon as possible | Receiving, comforting, or assisting the offender |
| Purpose | None required toward the offender | To hinder or prevent the offender's apprehension, trial, or punishment |
| Silence alone | Not enough | Not enough |
A mere failure to report can still matter in another way: it may violate a general order or regulation that requires reporting, which is an Article 92 question (¶ 2.c(2)).
For example, a unit supply clerk who learns that a coworker stole equipment worth more than $1,000, and who alters the inventory log so the loss will not show, commits a positive act of concealment of a serious offense and has not reported it; that raises misprision, whether or not the clerk wanted to help the coworker. Driving the coworker to a friend’s house to hide from investigators would be different: that is assistance to the offender to hinder apprehension, which raises Article 78. If the clerk simply says nothing, neither article is met by that alone. Whether an act concealed the offense and whether a report came “as soon as possible” depend on what the accused did and when the accused could have reported.
Maximum punishments
- Misprision of a serious offense: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years (MCM, Part IV, ¶ 84.d).
- Accessory after the fact: the maximum authorized for the principal offense, except that death may not be adjudged, confinement may not exceed one-half of the maximum for that offense, and confinement may never exceed 10 years (¶ 2.d).
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, except in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 931c, misprision of serious offense (Article 131c)
- 10 U.S.C. § 878, accessory after the fact (Article 78)
- 10 U.S.C. § 892, failure to obey order or regulation (Article 92)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 2 and ¶ 84.
Legal information about Articles 131c and 78; it does not judge any decision to report or not report a crime. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.