COMPOUNDING OR CONCEALING A FELONY

G.L. c. 268 § 36

• The Massachusetts General Laws prohibit compounding or concealing a felony.  In order to prove that a defendant is guilty of compounding or concealing a felony, the Commonwealth must prove each of the following elements, beyond a reasonable doubt:
  • (1) That the defendant knew that a felony had been committed;
  • (2) That the defendant made an agreement, either expressly or by a silent understanding, either to conceal that felony, or not to prosecute it, or not to give evidence about it; and
  • (3) That the defendant made such an agreement in exchange for something of value or a promise of something of value
• Practice Notes:

See Commonwealth v. Pease, finding a promissory note not to prosecute constituted a compounding felony.  16 Mass. 91 (1819); See also Chester Glass Co. v. Dewey, finding refusal to prosecute out of sympathy rather than for a value does not constitute compounding a crime.  16 Mass. 94 (1819).