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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 56. Offenses Against Public Administration
- Section 767. Failure to Report a Violent Crime Committed Against an Adult.
previous: Section 765
. Failure to Report a Violent Crime Committed Against a Child.
next: Section 770
. Hindering Prosecution in the First Degree.
AS 11.56.767. Failure to Report a Violent Crime Committed Against an Adult.
- (a) A person, other than the victim, commits the crime 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.
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