00 CS FOR HOUSE BILL NO. 34(FIN)                                                                                         
01 "An Act relating to the crime of failure to report the commission or attempted                                          
02 commission of certain crimes against children."                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 11.56 is amended by adding a new section to read:                                                 
05  Sec. 11.56.765.  Failure to report a violent crime committed against a child.                                       
06 (a)  A person, other than the victim, commits the crime of failure to report a violent                                  
07 crime committed against a child if the person                                                                           
08   (1)  witnesses what the person knows or reasonably should know is                                                    
09   (A)  the murder or attempted murder of a child by another;                                                          
10   (B)  the kidnapping or attempted kidnapping of a child by                                                           
11 another;                                                                                                                
12   (C)  the sexual penetration or attempted sexual penetration by                                                      
13 another                                                                                                                 
14   (i)  of a child without consent of the child;                                                                      
01   (ii)  of a child that is mentally incapable;                                                                       
02   (iii)  of a child that is incapacitated; or                                                                        
03   (iv)  of a child that is unaware that a sexual act is being                                                        
04 committed; or                                                                                                           
05   (D)  the assault of a child by another causing serious physical                                                     
06 injury to the child;                                                                                                    
07   (2)  knows or reasonably should know that the child is under 16 years                                                
08 of age; and                                                                                                             
09   (3)  does not in a timely manner report that crime to a peace officer or                                             
10 law enforcement agency.                                                                                                 
11  (b)  In a prosecution under this section, it is an affirmative defense that the                                       
12 defendant                                                                                                               
13   (1)  did not report in a timely manner because the defendant reasonably                                              
14 believed that doing so would have exposed the defendant or others to a substantial risk                                 
15 of physical injury; or                                                                                                  
16   (2)  acted to stop the commission of the crime and stopped                                                           
17   (A)  the commission of the crime; or                                                                                
18   (B)  the completion of the crime being attempted.                                                                   
19  (c)  In this section,                                                                                                 
20   (1)  "incapacitated" has the meaning given in AS 11.41.470;                                                          
21   (2)  "mentally incapable" has the meaning given in AS 11.41.470;                                                     
22   (3)  "sexual act" has the meaning given in AS 11.41.470;                                                             
23   (4)  "without consent" has the meaning given in AS 11.41.470.                                                        
24  (d)  Failure to report a violent crime committed against a child is a class A                                         
25 misdemeanor.