| Florida |
Ann. ch. 794.027 |
Duty to report sexual battery; penalties.—A person who observes the commission of the crime of sexual battery and who: (1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery; (2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer; (3) Fails to seek such assistance;(4) Would not be exposed to any threat of physical violence for seeking such assistance;(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and (6) Is not the victim of such sexual batter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. |
| Massachusetts |
Gen. Laws Ann. ch. 268, § 40 |
Section 40. Whoever knows that another person is a victim of aggravated rape, rape, murder, manslaughter or armed robbery and is at the scene of said crime shall, to the extent that said person can do so without danger or peril to himself or others, report said crime to an appropriate law enforcement official as soon as reasonably practicable. Any person who violates this section shall be punished by a fine of not less than five hundred nor more than two thousand and five hundred dollars. |
| Ohio |
Code § 2921.22 |
(A) (1) Except as provided in division (A)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities. (2) No person, knowing that a violation of division (B) of section 2913.04 of the Revised Code has been, or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities. (B) Except for conditions that are within the scope of division (E) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence. (C) No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained. For purposes of this division, “advanced practice registered nurse” does not include a certified registered nurse anesthetist. (D) No person shall fail to provide upon request of the person to whom a report required by division (C) of this section was made, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within the person’s knowledge that may have a bearing on the investigation of the death. (E) (1) As used in this division, “burn injury” means any of the following: (a) Second or third degree burns; (b) Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air; (c) Any burn injury or wound that may result in death; (d) Any physical harm to persons caused by or as the result of the use of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined by section 3743.01 of the Revised Code. (2) No physician, nurse, physician assistant, or limited practitioner who, outside a hospital, sanitarium, or other medical facility, attends or treats a person who has sustained a burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities. (3) No manager, superintendent, or other person in charge of a hospital, sanitarium, or other medical facility in which a person is attended or treated for any burn injury that is inflicted by an explosion or other incendiary device or that shows evidence of having been inflicted in a violent, malicious, or criminal manner shall fail to report the burn injury immediately to the local arson, or fire and explosion investigation, bureau, if there is a bureau of this type in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities. (4) No person who is required to report any burn injury under division (E)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the office of the state fire marshal. The report shall comply with the uniform standard developed by the state fire marshal pursuant to division (A)(15) of section 3737.22 of the Revised Code. (5) Anyone participating in the making of reports under division (E) of this section or anyone participating in a judicial proceeding resulting from the reports is immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding section 4731.22 of the Revised Code, the physician-patient relationship or advanced practice registered nurse-patient relationship is not a ground for excluding evidence regarding a person’s burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted under division (E) of this section. (F) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, nurse, psychologist, social worker, independent social worker, social work assistant, licensed professional clinical counselor, licensed professional counselor, independent marriage and family therapist, or marriage and family therapist who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient’s or client’s records. (2) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege or advanced practice registered nurse-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence. (G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the following applies: (1) The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call. (2) The information would tend to incriminate a member of the actor’s immediate family. (3) Disclosure of the information would amount to revealing a news source, privileged under section 2739.04 or 2739.12 of the Revised Code. (4) Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member of the clergy in that member’s capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy. (5) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to section 5119.36 of the Revised Code. (6) Disclosure would amount to revealing information acquired by the actor in the course of the actor’s duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of section 2907.02 or 2907.05 of the Revised Code or to victims of felonious sexual penetration in violation of former section 2907.12 of the Revised Code. As used in this division, “counseling services” include services provided in an informal setting by a person who, by education or experience, is competent to provide those services. (H) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence. (I) Whoever violates division (A) or (B) of this section is guilty of failure to report a crime. Violation of division (A)(1) of this section is a misdemeanor of the fourth degree. Violation of division (A)(2) or (B) of this section is a misdemeanor of the second degree. (J) Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree. (K) (1) Whoever negligently violates division (E) of this section is guilty of a minor misdemeanor. (2) Whoever knowingly violates division (E) of this section is guilty of a misdemeanor of the second degree. (L) As used in this section, “nurse” includes an advanced practice registered nurse, registered nurse, and licensed practical nurse. |
| Washington |
Rev. Code Ann. § 9.69.100(1) |
(1) A person who witnesses the actual commission of: (a) A violent offense as defined in RCW 9.94A.030 or preparations for the commission of such an offense; (b) A sexual offense against a child or an attempt to commit such a sexual offense; or (c) An assault of a child that appears reasonably likely to cause substantial bodily harm to the child, shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials. (2) This section shall not be construed to affect privileged relationships as provided by law. (3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible. (4) Failure to report as required by subsection (1) of this section is a gross misdemeanor. However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm. |
| Wisconsin |
Stat. Ann. § 940.34 |
(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim. (b) Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief. |
| Hawaii |
Stat. § 663-1.6 |
[§663-1.6] Duty to assist. (a) Any person at the scene of a crime who knows that a victim of the crime is suffering from serious physical harm shall obtain or attempt to obtain aid from law enforcement or medical personnel if the person can do so without danger or peril to any person. Any person who violates this subsection is guilty of a petty misdemeanor. (b) Any person who provides reasonable assistance in compliance with subsection (a) shall not be liable in civil damages unless the person’s acts constitute gross negligence or wanton acts or omissions, or unless the person receives or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a physician licensed to practice under the laws of this State committed in the ordinary course of the physician’s practice. (c) Any person who fails to provide reasonable assistance in compliance with subsection (a) shall not be liable for any civil damages. [L 1984, c 140, §1] |
| Washington |
Wa. Rev. Code § 9A36.160 |
A person is guilty of the crime of failing to summon assistance if:(1) He or she was present when a crime was committed against another person; and(2) He or she knows that the other person has suffered substantial bodily harm as a result of the crime committed against the other person and that the other person is in need of assistance; and(3) He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party; and(4) He or she fails to summon assistance for the person in need; and(5) Another person is not summoning or has not summoned assistance for the person in need of such assistance. |
| Alaska |
AS 11.56.765 |
AS 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. |
| Alaska |
AS 11.56.767 |
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 AS 11.56.765, (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) Failure to report a violent crime committed against an adult is a violation. |
| Colorado |
COLO. REV. STAT. § 18-8-115 (2011) |
It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. Notwithstanding any other provision of the law to the contrary, a corporation or person may disclose information concerning a suspected crime to other persons or corporations for the purpose of giving notice of the possibility that other such criminal conduct may be attempted which may affect the persons or corporations notified. When acting in good faith, such corporation or person shall be immune from any civil liability for such reporting or disclosure. This duty shall exist notwithstanding any other provision of the law to the contrary; except that this section shall not require disclosure of any communication privileged by law. |
| Rhode Island |
R.I. GEN. LAWS §§ 11-1-5.1 |
§ 11-1-5.1 Reports of crimes to law enforcement officials. – A person who knows that another person is a victim of sexual assault, murder, manslaughter, or armed robbery and who is at the scene of the crime shall, to the extent that the person can do so without danger of peril to the person or others, report the crime to an appropriate law enforcement official as soon as reasonably practicable. Any person who violates the provisions of this section shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). |
| Texas |
Tex. Penal Code Ann. § 38.171 |
(a) A person commits an offense if the person: (1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and (2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which: (A) a reasonable person would believe that the commission of the offense had not been reported; and (B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death. (b) An offense under this section is a Class A misdemeanor. |
| Arizona (proposed) |
Ariz. Rev. Stat. 13‑3730 |
A. A PERSON WHO KNOWS THAT ANOTHER PERSON IS EXPOSED TO OR HAS SUFFERED A LIFE‑THREATENING EMERGENCY, TO THE EXTENT THAT THE PERSON CAN DO SO WITHOUT DANGER OR PERIL TO SELF OR OTHERS, SHALL REPORT THE LIFE‑THREATENING EMERGENCY AND THE LOCATION OF THE EMERGENCY TO A PEACE OFFICER, FIRE COMPANY OR DEPARTMENT, FIRST AID, RESCUE OR EMERGENCY SQUAD OR OTHER GOVERNMENTAL AGENCY OR ENTITY RESPONSIBLE FOR PUBLIC SAFETY. B. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR. |
