00CS FOR HOUSE BILL NO. 34(JUD)                                                                                         
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 a                                                  
09 murder, kidnapping, sexual assault, or assault that is punishable as a felony of a child                                
10 under 18 years of age, or a felony attempt to commit one of those crimes, by another;                                   
11   (2)  knows or reasonably should know that the child is under 18 years                                                
12 of age; and                                                                                                             
13   (3)  does not in a timely manner report that crime to a peace officer or                                             
14 law enforcement agency.                                                                                                 

01  (b)  In a prosecution under this section, it is an affirmative defense that the                                       
02 defendant                                                                                                               
03   (1)  did not report in a timely manner because the defendant reasonably                                              
04 believed that doing so would have exposed the defendant or others to a substantial risk                                 
05 of physical injury; or                                                                                                  
06   (2)  acted to stop the commission of the crime and stopped                                                           
07   (A)  the commission of the crime; or                                                                                
08   (B)  the completion of the crime being attempted.                                                                   
09  (c)  Failure to report a violent crime committed against a child is a class A                                         
10 misdemeanor.