compounding a crime

Compounding a crime is an offense committed by the victim of a crime, by agreeing not to pursue criminal charges or to prevent criminal charges in exchange for a price from an accused individual. Many jurisdictions in the United States make compounding a crime illegal, especially for felonies, and some states make compounding any crime illegal. To be guilty of compounding a crime, the prosecutor typically must show that the individual: 

  • Knew of the criminal act,

  • Agreed to forgo criminal charges or aid in prosecution, and

  • Received consideration to do so. 

Examples:

  • Massachusetts General Laws - Section 36 of Chapter 268, defines compounding a felony as:
    • "Whoever, having knowledge of the commission of a felony, takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such felony, or not to prosecute therefor, or not to give evidence thereof, shall, if such crime is punishable with death or imprisonment in the state prison for life, be punished by imprisonment in the state prison for not more than five years or in jail for not more than one year; and if such crime is punishable in any other manner, by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years."
  • California Penal Code Section 153 also defines compounding a crime, and the consequent punishment for it. 

These types of agreements are unenforceable as a matter of public policy. Additionally, a person may be guilty of compounding a crime even if the party accused of the crime receives a not guilty verdict. 

[Last reviewed in January of 2025 by the Wex Definitions Team]

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