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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 56. Offenses Against Public Administration
- Section 765. Failure to Report a Violent Crime Committed Against a Child.
previous: Section 762
. Unlawful Use of Dna Samples.
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. Failure to Report a Violent Crime Committed Against an Adult.
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
- (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.
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