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

303 words·~1 min read·/ak/title-11/chapter-56/11-56-765

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.