In most states, non-reporting is not illegal, but a small minority of states have passed laws punishing people who fail to report certain types of crimes to authorities. For example, under Texas law, you can be charged with a Class A offense if you don`t report a crime that resulted in grievous bodily harm or death. In Ohio, on the other hand, it is illegal not to knowingly report a crime. For most crimes, there are no legal consequences if they are not reported; However, in some situations, you may face charges. California Penal Code 152.3 applies to persons who witness murder, rape, or obscene behavior against a child under the age of 14 and requires such witnesses to report such crimes to a peace officer. A mandatory registrant must file a complaint of suspected or actual abuse or neglect of a child with a competent law enforcement or child support authority within 36 hours of discovery. Failure to comply with this legal reporting obligation or obstruction of a person is in itself a crime and can be charged with a misdemeanor. In California, you can be charged with the crime if you aided or abetted the commission but did not commit the crime yourself. Section 31 of the Criminal Code describes “aiding and abetting ” as meaning that you have assisted another person in committing a crime.
Prosecutors may charge you as an accomplice and instigator if you: The articles on this blog are provided for informational purposes only and are not a substitute for legal advice or client relations. If you require legal advice, please contact our office directly. Therefore, the law does not require a witness to report a crime committed by a spouse, child, brother, sister, grandparent or grandchild. However, it is also very important to know that you can get into legal trouble if you file a criminal complaint that turns out to be false. Under section 148.5 of the Criminal Code, you can be prosecuted. California law recognizes the limited obligation to report violent crimes against children 14 years of age or younger. Under article 152.3 of the Criminal Code, persons who witness murder, rape or sexual behaviour against a child under the age of 14 must report such crimes. Failure to do so is considered an offense punishable by six months in the county jail and payment of a $1500 fine. Exemption from the reporting requirement is excluded in certain family relationships, for example if the offence is committed by a brother, spouse, sister or grandparent. Have you ever witnessed a crime and wondered if you are legally obligated to report it to the police? What happens if you discover a crime that has just been committed or if you hear about a crime that has been committed? I have a real estate licence and I have seen a non-licensed person participate in licensed real estate activities. Do I have to report it to the real estate agency or the local authorities? Deliberately preventing you from filing a mandatory report is punishable by up to one year in jail in the county and a $5,000 fine.
Mandatory filers are defined in section 11165.7 of the Criminal Code and include more than 40 different professionals, such as: Our lawyers at Wallin & Klarich have over 40 years of experience successfully defending our clients prosecuted for failing to report a crime. We can help you avoid fines and/or jail time by conducting a thorough investigation of the facts. If you were not legally obliged to act, we can convince the prosecutor to dismiss the charges against you. In these situations, under the theory of complicit liability, you are guilty because you knew about the illegal plan and deliberately did something to execute or cover it up. While it is not illegal in most states not to report a crime, several states have passed laws that punish witnesses who fail to report certain crimes to authorities. For example, in Texas, you may face a Class A offense if you fail to report a crime that resulted in serious bodily harm or death of a victim. Therefore, in most States, witnesses are not required to report a crime, except as noted above. Paul Wallin is one of Southern California`s most respected lawyers. Mr.
Wallin`s extensive experience, his passion for defending his clients and his extensive knowledge of many areas of law make him a world-class attorney in Southern California. Mr. Wallin founded Wallin & Klarich in 1981. As a senior partner at Wallin & Klarich, Mr. Wallin has successfully represented clients for over 30 years. Clients turn to him for help with assault, drug offences, juvenile delinquency, theft, manslaughter, sexual offences, murders, violent crimes, misdemeanours and crimes. Mr. Wallin also assists clients in family law matters such as divorce and custody. It is the duty of any company or person who has reasonable grounds to believe that a criminal offence has been committed to report the alleged offence to law enforcement authorities without delay. Notwithstanding anything to the contrary in the Act, a business or individual may disclose information about an alleged crime to other persons or entities to indicate the possibility that other such criminal conduct may be attempted that could affect the persons or entities notified.
If acting in good faith, such company or person shall be exempt from any civil liability for such reporting or disclosure. This obligation exists without prejudice to any other legal provision; However, this section does not require the disclosure of legally protected notices. If you have been arrested for failing to provide information about a crime or for aiding and abetting a crime, you should speak to one of our experienced Wallin & Klarich criminal defense attorneys today. You could face serious state or federal charges if you were required to report illegal activity or if you obstructed a criminal investigation. For example, hiding a gun that was used in a robbery will likely make you an accomplice under the laws of most states, even if you did not participate in the actual robbery. These incidents, when a crime goes unreported, can have serious consequences. Depending on the seriousness of the underlying crime, aiding and abetting may be a misdemeanor or crime in most States. In most cases, people are not legally required to report a crime. “Failure to report a crime” is generally not a crime in itself. This is true even if someone: There are several cases where silence and not reporting a crime to the authorities can have negative consequences for you. From mandatory reporting laws to retrospective complicity, crime in any form simply doesn`t pay. But if you`ve been charged with failing to report a crime, you may have options.
Speak to a local criminal defence lawyer today to discuss the specific facts of your case and get personal legal advice on how to proceed. In general, most people are not required by law to report a crime, whether they knew about it in advance, witnessed it or later learned about it. However, there are exceptions to this law that you should be aware of. If you witness a crime, do you have to report it to the police? What if you know a crime is being committed but you do nothing to prevent it? Can you be prosecuted if you do nothing at all? Anonymous and toll-free helplines and web portals are available to “whistleblowers” where you can safely report a crime without revealing your identity. Many law enforcement agencies also allow you to anonymously report a crime online. However, if you call 911, be aware that law enforcement may be able to track your phone number. Failure to come forward in these circumstances is an offence punishable by up to six months in jail in the county and a $1500 fine. Some people in California have a duty to report crimes, even if they have not witnessed the crimes themselves. Finally, if you help hide a crime you have already committed (such as stolen money or weapons used to commit the crime) or if you help perpetrators avoid detection, arrest or prosecution, you could be charged with “after-the-fact” complicity. Since 1999, California law has had a limited obligation to report violent crimes against victims 14 years of age or younger.