§ 12-18-202 — Failure to notify by a mandated reporter in the second degree

(a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she: (1) Is a mandated reporter under this chapter; (2) Has: (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment. (b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor. (c) This section does not apply to a person who is a: (1) Mandated reporter under § 12-18-402(b)(43) ; and (2) Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation: (A) Domestic abuse as defined in § 9-4-102 ; (B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or (C) A sex offense as defined in § 12-12-903 .

Legislative History

Amended by Act 2023, No. 727,§ 4, eff. 8/1/2023. Acts 2009, No. 749, § 1.