Misprision of Treason – Penal Code Section 38

“Misprision of Treason” is an obscure crime that still remains on the books in California.  The term “Misprision” means the deliberate concealment of an act of treason.  The crime of “Misprision of Treason” is committed by anyone who “knowingly conceals” an act of treason by another person.  Theoretically, a person would be charged with “Misprision of Treason” under California Penal Code Section 38 and not Treason under Section 37 if he had nothing to do with the original treasonous act.

Misprision of Treason is punishable by up to three years in local prison (felony jail).

To the author’s knowledge, there has never been a state prosecution for Treason in California’s modern era.