(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.
Section: Previous 11.56.755 11.56.756 11.56.757 11.56.758 11.56.759 11.56.760 11.56.762 11.56.765 11.56.767 11.56.770 11.56.780 11.56.790 11.56.800 11.56.805 11.56.807 NextLast modified: November 15, 2016