SB 330: "An Act relating to the crime of failure to stop and report a violent crime committed against a child."
00 SENATE BILL NO. 330 01 "An Act relating to the crime of failure to stop and report a violent crime committed 02 against a child." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.56.765(a) is amended to read: 05 (a) A person [, OTHER THAN THE VICTIM,] commits the crime of failure 06 to stop and report a violent crime committed against a child if the person 07 (1) is an adult and 08 (A) [(1)] witnesses what the person knows or reasonably 09 should know is 10 (i) [(A)] the murder or attempted murder of a child by 11 another; 12 (ii) [(B)] the kidnapping or attempted kidnapping of a 13 child by another; 14 (iii) [(C)] the sexual penetration or sexual contact or
01 attempted sexual penetration or sexual contact by another [(i)] of a 02 child [WITHOUT CONSENT OF THE CHILD; (ii) OF A CHILD 03 THAT IS MENTALLY INCAPABLE; (iii) OF A CHILD THAT IS 04 INCAPACITATED; OR (iv) OF A CHILD THAT IS UNAWARE 05 THAT A SEXUAL ACT IS BEING COMMITTED]; or 06 (iv) [(D)] the assault of a child by another causing 07 serious physical injury to the child; or 08 (B) learns that a child has been the victim of an offense 09 listed in (A)(i) - (iv) of this paragraph and 10 (i) the person is in a position of authority in relation 11 to the perpetrator or the child; 12 (ii) the person knows or reasonably should know 13 that the perpetrator of the offense is in a position of authority in 14 relation to the child; or 15 (iii) the failure to report the crime could reasonably 16 be expected to allow the commission of future crimes by that 17 perpetrator against the same or other children; 18 (2) knows or reasonably should know that the child is under 16 years 19 of age; and 20 (3) does not stop, or make a legitimate attempt to stop, the 21 commission of that crime and, in a timely manner, report that crime to a peace 22 officer or law enforcement agency. 23 * Sec. 2. AS 11.56.765(b) is amended to read: 24 (b) In a prosecution under this section, it is an affirmative defense that the 25 defendant 26 (1) did not stop or make a legitimate attempt to stop the crime 27 being committed [REPORT IN A TIMELY MANNER] because the defendant 28 reasonably believed that doing so would have exposed the defendant or others to a 29 substantial risk of physical injury; and [OR] 30 (2) reported the crime immediately before or after making the 31 determination in (1) of this subsection [ACTED TO STOP THE COMMISSION OF
01 THE CRIME AND STOPPED 02 (A) THE COMMISSION OF THE CRIME; OR 03 (B) THE COMPLETION OF THE CRIME BEING 04 ATTEMPTED]. 05 * Sec. 3. AS 11.56.765(c) is amended by adding a new paragraph to read: 06 (5) "position of authority" has the meaning given in AS 11.41.470. 07 * Sec. 4. AS 11.56.765(d) is amended to read: 08 (d) Failure to stop and report a violent crime committed against a child is a 09 class A misdemeanor. 10 * Sec. 5. AS 11.56.765(c)(1), 11.56.765(c)(2), 11.56.765(c)(3), and 11.56.765(c)(4) are 11 repealed.