§ 8.30.145. Failure to report a violent crime committed against an adult.

A.

A person, other than the victim, commits the offense of failure to report a violent crime committed against an adult if the person, under circumstances not requiring the person to report as required by section 8.50.060:

1.

Witnesses what the person knows or reasonably should know is:

a.

The murder or attempted murder of a person by another;

b.

The kidnapping or attempted kidnapping of a person by another; or

c.

The sexual penetration or attempted sexual penetration by another:

i.

Of a person without consent of the person;

ii.

Of a person who is mentally incapable;

iii.

Of a person who is incapacitated; or

iv.

Of a person who is unaware that a sexual act is being committed; and

2.

Does not, as soon as reasonably practicable, 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 as soon as reasonably practicable because the defendant reasonably believed that:

a.

Doing so would have exposed the defendant or others to a substantial risk of physical injury; or

b.

Effective assistance was already being provided by another person; 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.

Violation of subsection A. is a minor offense punishable as set forth on the minor offense fine schedule.

(AO No. 2018-34(S) , § 2, 7-26-18)

State law reference

Failure to report a violent crime committed against an adult, AS 11.56.767.