Penal Code § 153 PC - Compounding a Crime
1. What is Penal Code § 153 PC?
Penal Code § 153 PC Law Reads As Followed:
Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal that crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court is punishable.
2. What Are Examples of Penal Code § 153 PC?
California Penal Code § 153 PC makes it illegal for individuals to accept money or anything of value in exchange for concealing a crime, withholding evidence, or agreeing not to prosecute a crime. This law is in place to prevent the obstruction of justice and ensure that those who commit crimes are held accountable. Below, we provide some examples to help clarify what compounding a crime under this statute looks like in real life.
Example 1: Withholding Evidence in a Theft Case
Imagine a person witnesses a theft at a store but is offered money by the thief to not testify against them. The witness agrees to withhold evidence (their testimony) in exchange for the promise of a financial reward. In this scenario, the witness could be charged with violating Penal Code § 153 PC for compounding a crime.
Legal Violation: The person is aware of the crime (the theft), and they agreed to withhold evidence (their testimony) in exchange for money.
Punishment: The person could face misdemeanor or felony charges depending on the circumstances and the severity of the crime being concealed.
Example 2: Agreeing Not to Report a Crime
Suppose an individual becomes aware that a friend has committed a serious assault. The offender then offers the person a substantial sum of money, asking them to promise not to report the crime to authorities. If the person accepts the money and agrees to stay silent, they have committed compounding a crime under Penal Code § 153 PC.
Legal Violation: The individual had knowledge of the crime (assault) and agreed to abstain from prosecuting the offender in exchange for money.
Punishment: The punishment would depend on the details of the case, but the individual could face criminal charges for taking part in compounding the crime.
Example 3: Concealing a Crime for Financial Gain
Imagine an employee at a company who learns that their co-worker is embezzling money. Instead of reporting the theft, the employee agrees to conceal the crime in exchange for a bribe from the embezzler. The employee is engaging in compounding a crime by actively concealing the criminal activity for financial compensation.
Legal Violation: The employee had knowledge of the embezzlement (the crime) and took a bribe to conceal the crime, thereby obstructing justice.
Punishment: This situation could lead to serious consequences under Penal Code § 153, potentially resulting in felony charges and significant legal penalties.
Example 4: Compounding a Domestic Violence Incident
In another example, a person learns that their spouse has been involved in a domestic violence incident. The victim of the violence offers to drop charges and not cooperate with law enforcement if the defendant agrees to pay them for their silence. By accepting this arrangement, the defendant could be charged with compounding the crime, as they are essentially offering to obstruct justice.
Legal Violation: The defendant agreed to withhold prosecution in exchange for compensation (money or goods).
Punishment: Depending on the facts of the case, compounding a crime could lead to either a misdemeanor or felony charge.
Example 5: Conspiring to Conceal a Murder
Consider a situation where two individuals know about a murder that has occurred, and one of them offers money to the other in exchange for their agreement to help conceal evidence, such as disposing of the weapon or changing a crime scene. This agreement constitutes compounding the crime under Penal Code § 153 PC.
Legal Violation: The individuals have knowledge of the crime (murder) and agree to conceal it in exchange for financial compensation.
Punishment: This could result in very serious consequences, including felony charges and long prison sentences, depending on the nature of the crime.
3. What are Common Defenses Against Penal Code § 153 PC?
Being charged with Penal Code § 153 PC, which addresses the offense of compounding a crime, can have serious consequences. Compounding a crime occurs when an individual accepts money or other forms of compensation in exchange for concealing, withholding evidence, or agreeing not to prosecute a crime. Fortunately, there are several defenses available to those accused of this offense. Understanding these defenses can help protect your rights and may improve your chances of a favorable outcome in your case.
1. Lack of Knowledge of the Underlying Crime
One of the most common defenses to a charge under Penal Code § 153 is that the defendant did not have knowledge that a crime was committed. To be convicted under this statute, it must be proven that the defendant knew about the crime that they were being asked to conceal, withhold, or not prosecute.
Example: If someone is accused of compounding a crime after agreeing to take money to conceal an incident, but they had no idea that a crime had taken place, they could argue that they lacked the required knowledge for the charge.
This defense is often used when the defendant claims that they were unaware of the crime being committed or misunderstood the situation entirely.
2. No Agreement to Conceal or Withhold Evidence
Another common defense is that there was no agreement or understanding to compound, conceal, or withhold evidence of a crime. Even if the defendant had some knowledge of the crime, they may not have actually agreed to do anything in exchange for compensation.
Example: A person may be accused of compounding a crime simply because they spoke to the perpetrator about the crime but never agreed to take money or property in exchange for withholding evidence or refraining from prosecution.
If there is no clear agreement or promise to conceal the crime, the defendant may not be guilty of compounding under Penal Code § 153.
3. Lack of Compensation or Promise of Compensation
Penal Code § 153 PC requires that the defendant receive or be promised something of value, such as money, property, or a reward, in exchange for concealing or withholding evidence or agreeing not to prosecute. If no compensation was offered or received, there is no crime.
Example: A person might be accused of compounding a crime for not reporting a theft but can defend themselves by showing that they were never promised or received any compensation for their silence.
This defense is effective when the prosecution cannot prove that compensation, in any form, was provided.
4. Inability to Conceal or Withhold Evidence
In some cases, the defendant may argue that they were physically or legally unable to conceal, withhold evidence, or refrain from prosecuting the crime. If they had no ability to follow through with the promise or agreement (for example, if the evidence was already public or the authorities were already involved), this can be a viable defense.
Example: If a person was told to withhold testimony in a case but the police had already contacted them as a witness, they may argue that they could not have concealed the crime or evidence because the matter was already under investigation.
5. Entrapment
Entrapment occurs when law enforcement or an agent of the government pressures or induces a person to commit a crime that they would not have committed otherwise. If the defendant was coerced or persuaded by law enforcement to agree to conceal or withhold evidence, they may claim entrapment as a defense.
Example: A defendant may claim that they were persuaded by an undercover officer or government informant to agree to conceal a crime when they otherwise would not have done so.
Entrapment is a complex defense that requires showing that the defendant was induced to commit the crime by law enforcement.
6. No Intent to Obstruct Justice
For a conviction under Penal Code § 153, the defendant must have the intent to obstruct justice by either concealing a crime, withholding evidence, or abstaining from prosecution. If the defendant did not intend to interfere with the legal process, they may argue that they lacked the necessary criminal intent.
Example: If a defendant unintentionally withheld evidence or did not fully understand the implications of not reporting a crime, they may argue that they did not have the intent to obstruct justice.
This defense can help to reduce the severity of the charges or even result in a dismissal if the prosecution fails to prove intent.
7. Insufficient Evidence
In any criminal case, including those involving compounding a crime, the prosecution must prove its case beyond a reasonable doubt. If the evidence presented is insufficient to support the charge, the defendant can argue that the case lacks merit.
Example: The prosecution may rely on weak or circumstantial evidence, such as a vague statement or ambiguous conversation. The defense can challenge the credibility and reliability of the evidence, aiming for a dismissal or acquittal.
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4. What are The Penalties for Violating Penal Code § 153 PC?
The penalties for compounding a crime vary based on the type of crime that was being concealed or obstructed, as well as the severity of the defendant’s actions. The law establishes different levels of punishment for felonies and misdemeanors.
1. If the Underlying Crime Is a Felony Punishable by Death or Life in Prison
When the crime that is being concealed is a felony punishable by death or imprisonment in the state prison for life, compounding this crime is treated as a serious offense.
Possible Penalties:
Imprisonment in a county jail for up to 1 year, or
Imprisonment in state prison for 16 months, 2 years, or 3 years (as per subdivision (h) of Section 1170 of the Penal Code).
This category applies to severe crimes like murder or other felonies that carry a life sentence or the death penalty. Compounding such serious crimes is a major obstruction to justice, which is why the penalties for this offense are particularly harsh.
2. If the Underlying Crime Is a Felony with a Prison Term (Other Than Life Imprisonment)
If the crime being concealed is a felony that carries a prison term but is not punishable by life imprisonment, the penalties for compounding this crime are less severe than those for felonies punishable by death or life sentences, but they can still be significant.
Possible Penalties:
Imprisonment in a county jail for up to 6 months, or
Imprisonment in state prison for 16 months, 2 years, or 3 years (as per subdivision (h) of Section 1170 of the Penal Code).
The penalty for compounding these crimes reflects the severity of the underlying felony, though it is somewhat more lenient compared to cases involving life sentences or the death penalty.
3. If the Underlying Crime Is a Misdemeanor
If the underlying crime that was concealed or obstructed is a misdemeanor, the penalties for compounding the crime are typically less severe. However, this does not mean that the offense is taken lightly, as the defendant can still face jail time and fines.
Possible Penalties:
Up to 6 months in county jail, or
A fine of up to $1,000, or
Both jail time and a fine.
This penalty applies when the crime being concealed is something less serious, like petty theft or vandalism. While these offenses may seem minor compared to felonies, compounding any crime is still a criminal act that can carry substantial consequences.
Factors That Can Affect the Penalty
While the law provides general guidelines, there are a few factors that can influence the penalty for violating Penal Code § 153 PC:
The Defendant’s Prior Criminal History: A defendant with a history of criminal convictions may face harsher penalties. Repeat offenders may not be eligible for reduced sentences or leniency.
The Nature of the Underlying Crime: The severity of the crime being concealed will play a significant role in determining the penalties. Concealing a violent felony is treated more seriously than hiding a nonviolent misdemeanor.
Whether the Defendant Took Action to Conceal or Simply Agreed: If the defendant actively took steps to conceal the crime (such as destroying evidence), the penalties may be more severe compared to merely agreeing to conceal or withhold information.
Mitigating Circumstances: If there are factors that reduce the defendant’s culpability—such as duress or coercion—these may lead to a reduced sentence.
What to Do if You’re Facing Charges for Compounding a Crime
If you’ve been charged under Penal Code § 153 for compounding a crime, it’s essential to seek experienced legal representation. A skilled criminal defense attorney can help you evaluate the specific facts of your case and determine the best course of action. Depending on the circumstances, a defense attorney may be able to:
Argue that there was no intent to conceal or obstruct justice,
Show that the defendant did not have knowledge of the crime,
Challenge the sufficiency of the evidence, or
Negotiate for reduced charges or penalties.
The penalties for violating Penal Code § 153 can be serious, but with the right defense strategy, you may be able to achieve a more favorable outcome.
5. What Are the Related Offenses To Penal Code § 153 PC?
California Penal Code § 153 PC criminalizes the act of compounding a crime, which occurs when an individual takes money, property, or another form of compensation in exchange for concealing a crime, withholding evidence, or agreeing to abstain from prosecuting the crime. While compounding a crime is a serious offense, there are several related offenses in California law that deal with similar behaviors, such as obstructing justice, interfering with investigations, or withholding critical information from authorities. Understanding these related offenses is important, as they could impact the defense strategy or the charges one might face in connection with compounding a crime.
In this article, we’ll explore some of the offenses that are related to Penal Code § 153 PC, providing clarity on how they might intersect with compounding a crime.
1. Penal Code § 32 PC – Accessory After the Fact
An accessory after the fact is someone who helps a person who has committed a crime evade capture, conceal evidence, or avoid prosecution. Penal Code § 32 PC makes it a criminal offense to assist a criminal defendant after a crime has been committed with the intent to prevent their arrest or prosecution. This could involve providing shelter, money, or other forms of support.
Difference from PC 153: While compounding a crime involves concealing or withholding information in exchange for compensation, accessory after the fact refers to actions taken after a crime has already occurred, often to help the perpetrator escape justice.
Penalties: Being an accessory after the fact is a felony and can result in a state prison sentence of 2, 3, or 4 years, depending on the case specifics.
2. Penal Code § 137 PC – Bribing a Witness
Under Penal Code § 137 PC, it is illegal to bribe a witness to prevent them from testifying, to influence their testimony, or to make them withhold evidence. This can include offering money or other compensation to a witness in exchange for their silence or cooperation in obstructing justice.
Difference from PC 153: While compounding a crime involves withholding evidence or prosecuting a crime in exchange for compensation, bribing a witness focuses more specifically on influencing someone to give false testimony or refuse to cooperate with law enforcement. Both involve obstruction of justice, but witness bribery is a more direct form of corruption.
Penalties: Bribing a witness is considered a felony, and those convicted can face up to 4 years in state prison. If the bribery is connected to a more serious crime, such as a murder case, the penalties can be even more severe.
3. Penal Code § 148 PC – Resisting Arrest or Obstructing a Peace Officer
Under Penal Code § 148 PC, it is a criminal offense to resist, delay, or obstruct a peace officer in the performance of their duties. This could involve actions like lying to the police, providing false information, or otherwise hindering an investigation.
Difference from PC 153: While compounding a crime involves taking money in exchange for concealing or not prosecuting a crime, resisting arrest involves actively hindering or obstructing law enforcement officers during their investigation or arrest process. The key distinction is that compounding focuses on concealing the crime, while resisting arrest focuses on interfering with law enforcement’s ability to enforce the law.
Penalties: Resisting a peace officer is typically a misdemeanor, punishable by up to 1 year in county jail. However, if the person resists with violence or threats, it can be escalated to a felony, carrying more severe penalties.
4. Penal Code § 149 PC – Excessive Use of Force by a Peace Officer
In some cases, law enforcement officers can be charged under Penal Code § 149 PC for using excessive force. While this is not directly related to compounding a crime, it could intersect if law enforcement officials were involved in trying to conceal evidence, withhold information, or stop the prosecution of a criminal offense.
Difference from PC 153: Excessive use of force by a peace officer is about abusing authority or misconduct, whereas compounding a crime is about obstructing justice by withholding or concealing evidence in exchange for compensation.
Penalties: Excessive use of force by a law enforcement officer is a felony, and penalties can include up to 3 years in state prison, as well as fines and job-related consequences, such as termination from the police force.
5. Penal Code § 141 PC – Destruction or Concealment of Evidence
Penal Code § 141 PC makes it a crime for a law enforcement officer to destroy, alter, or conceal evidence in any official investigation or legal proceeding. Though this charge is typically associated with law enforcement misconduct, anyone—whether a civilian or an officer—who conceals or destroys evidence to hinder an investigation can face criminal charges.
Difference from PC 153: While compounding a crime may involve concealing evidence, Penal Code § 141 PC focuses more on the actual destruction or alteration of physical evidence, often in the context of official investigations. Compounding a crime deals with withholding information for compensation.
Penalties: If convicted under Penal Code § 141, individuals may face up to 3 years in state prison for tampering with or concealing evidence.
6. Penal Code § 132 PC – False Evidence or Testimony
Under Penal Code § 132 PC, it is a criminal offense to fabricate, alter, or present false evidence in a judicial proceeding. This can also apply to providing false testimony or encouraging someone to lie under oath.
Difference from PC 153: Fabricating false evidence focuses on actively misleading or deceiving the court, while compounding a crime involves taking compensation in exchange for withholding evidence or not prosecuting a crime.
Penalties: False evidence or testimony can result in a felony conviction, with penalties of 2, 3, or 4 years in state prison.
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