Section 11.56.765. Failure to report a violent crime committed against a child.

   (a) A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person
        (1) witnesses what the person knows or reasonably should know is
             (A) the murder or attempted murder of a child by another;
             (B) the kidnapping or attempted kidnapping of a child by another;
             (C) the sexual penetration or attempted sexual penetration by another
                  (i) of a child without consent of the child;
                  (ii) of a child that is mentally incapable;
                  (iii) of a child that is incapacitated; or
                  (iv) of a child that is unaware that a sexual act is being committed; or
             (D) the assault of a child by another causing serious physical injury to the child;
        (2) knows or reasonably should know that the child is under 16 years of age; and
        (3) does not in a timely manner report that crime to a peace officer or law enforcement agency.
   (b) In a prosecution under this section, it is an affirmative defense that the defendant
        (1) did not report in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; or
        (2) acted to stop the commission of the crime and stopped
             (A) the commission of the crime; or
             (B) the completion of the crime being attempted.
   (c) In this section,
        (1) "incapacitated" has the meaning given in AS 11.41.470;
        (2) "mentally incapable" has the meaning given in AS 11.41.470;
        (3) "sexual act" has the meaning given in AS 11.41.470;
        (4) "without consent" has the meaning given in AS 11.41.470.
   (d) Failure to report a violent crime committed against a child is a class A misdemeanor.

Authorities

11.56.767

Notes

References

7 AAC 10.905
AS 11.56.767 Failure to report a violent crime committed against an adult.

History

(Sec. 1 ch 62 SLA 1999)