- December 12, 2022
- Criminal Defense
Sometimes being paid “hush money” is against the law. For example, if you catch someone breaking into your house to steal your valuables, and then you accept $500 from the wrongdoer in exchange for not reporting the burglary to the authorities, you may have committed a crime.
Michigan law on compounding offenses
Under the Michigan Penal Code, a compounding or concealing offense exists if the following elements are met.
- First, you must know that someone committed or tried to commit a crime against you that is punishable by imprisonment in a state facility or that is subject to the death penalty.
- Second, in exchange for money or other compensation, you must expressly or implicitly agree to either hide the alleged crime, to not prosecute the alleged crime or not to give evidence in a trial against the alleged wrongdoer.
If you meet these two elements, you could be prosecuted for committing a compounding or concealing offense.
If the alleged wrongdoer to the would face death penalty or a life sentence in prison, a compounding or concealing offense is a felony crime. Compounding or concealing an offense that subjects the wrongdoer to any other penalty is a misdemeanor crime.
Generally, it is a crime victim who commits a compounding or concealing offense because they are the one who would bring charges against the alleged wrongdoer.
It may be tempting to accept money to keep quiet about a crime, especially if it is a significant amount of money. Still, doing so is a state crime that could be prosecuted and lead to jail time if convicted.