§ 8.50.060. 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.

Violation of subsection A. is a class A misdemeanor.

(AO No. 2018-34(S) , § 1, 7-26-18)

State law reference

Failure to report a violent crime committed against a child, AS 11.56.765.