Compounding a Felony in Massachusetts: Taking Money for Silence, What Must Be Proved, and Your Defenses

Compounding or concealing a felony is the crime of taking money or something else of value in exchange for keeping quiet about a felony. If you know a felony was committed and you accept a payment, a reward, or a promise of one in return for hiding it, abandoning a complaint, or not testifying, you can be charged under G.L. c. 268, § 36. The payment is the heart of the offense.

What the Law Covers

Section 36 applies to anyone who, knowing a felony was committed, takes money, a gratuity, a reward, or a promise of one, under an agreement or understanding, express or implied, to:

• compound or conceal the felony;
• not prosecute it; or
• not give evidence about it.

The model jury instruction sums it up: the essence of the offense is taking or agreeing to take something of value in return for not prosecuting or not giving evidence of a felony. That means the person most often exposed to this charge is the victim of the original crime, or a witness to it, who accepts payment to let the matter go.

What the Commonwealth Must Prove

Under District Court Instruction 4.140, the Commonwealth must prove three things beyond a reasonable doubt:

• you knew that a felony had been committed;
• you made an agreement, either expressly or by a silent understanding, to conceal that felony, not to prosecute it, or not to give evidence about it; and
• you made that agreement in exchange for something of value or a promise of something of value.

The judge tells the jury, as a matter of law, whether the underlying crime is a felony. In Massachusetts, a felony is any crime punishable by imprisonment in state prison (G.L. c. 274, § 1).

What Is Not Compounding

• Choosing not to press charges, for nothing in return: the instruction’s notes say that refusing to prosecute out of sympathy, rather than for something of value, is not compounding.
• Simply knowing about a crime: knowledge alone, with no paid agreement, is not this offense.
• Misdemeanors: § 36 applies only to felonies. For some misdemeanors that can also be sued over, such as many assault and battery cases, G.L. c. 276, § 55 lets a court dismiss the case when the injured person acknowledges in writing that they have received satisfaction. That process is not available for some offenses, including abuse prevention order violations and conduct that amounts to domestic abuse.

A written promise to pay can be enough. The instruction’s notes cite an early SJC case holding that accepting a promissory note in exchange for not prosecuting is compounding.

Penalties

• If the hidden crime is punishable by life in prison: up to 5 years in state prison, or up to 1 year in jail.
• If the hidden crime is any other felony: a fine of up to $500, or up to 2 years in jail.

When the higher penalty is sought, the jury must also find beyond a reasonable doubt that the hidden crime was punishable by life. Because only the higher tier allows state prison, compounding is itself a felony only when the hidden crime is a life felony; otherwise it is a misdemeanor.

Compounding vs. Accessory After the Fact

Compounding is about being paid for silence. Being an accessory after the fact, under G.L. c. 274, § 4, is about helping the offender: harboring, concealing, or assisting someone you know committed a felony, with intent that they avoid arrest, trial, or punishment. That offense carries up to 7 years in state prison, and close family members of the offender have a defense the compounding statute does not provide.

Defenses

• No knowledge of a felony: you did not know a felony had been committed, or the underlying crime was not a felony.
• No agreement: there was no deal, express or implied, to conceal, not prosecute, or not testify.
• Nothing of value: you took no payment or promise; any decision not to pursue the matter was your own.
• Legitimate payment: money received for something else, such as a debt or property damage, was not given in exchange for silence.
• Lower penalty tier: the Commonwealth must prove the hidden crime was a life felony before the 5-year penalty applies.

Why a Lawyer Matters

These cases often arise from a private settlement between people who did not realize they were crossing a line. Whether a payment was for silence or for something legitimate, and whether there was any agreement at all, are questions of evidence and intent. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.

Related Charges

• Intimidating a witness (G.L. c. 268, § 13B): pressuring a witness or victim through force, threats, or harassment, rather than paying them.
• False report of a crime (G.L. c. 269, § 13A): inventing a crime that did not happen, instead of hiding one that did.
• Giving a false name upon arrest (G.L. c. 268, § 34A): lying about your own identity to police after an arrest.

Disclaimer

This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.