{"id":352065,"date":"2023-08-22T10:31:46","date_gmt":"2023-08-22T15:31:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/failure-to-report-a-crime.html"},"modified":"2023-08-22T10:31:46","modified_gmt":"2023-08-22T15:31:46","slug":"failure-to-report-a-crime","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/failure-to-report-a-crime.html","title":{"rendered":"Failure To Report a Crime"},"content":{"rendered":"\n
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Failure To Report a Crime<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

In most states, mere failure to report a crime isn’t a crime itself. Your state may have exceptions to that general rule. Whether you have to report may depend on whether you are a mandated reporter or on the circumstances of what you know.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

It’s clear that you can be prosecuted for the things you do, but can you be prosecuted for something you fail to do as well? Suppose you’re a\u00a0witness to a crime<\/a>, and you don’t report it to the police. Will fear or reluctance to get involved result in criminal charges?<\/p>\n

This article will discuss a number of instances in which failing to report a crime could expose you to criminal liability. Depending on your situation, you may want to talk to a criminal defense attorney<\/a>. They can advise you about how to protect yourself when reporting a crime or facing these charges.<\/p>\n

State Laws: Failure to Report Crime<\/h2>\n

In most states, the law does not require citizens to report all criminal acts they witness or suspect. For example, you may observe a speeding car or a pedestrian jaywalking across a city street. It may not be practical or necessary for citizens to report every infraction they see.<\/p>\n

Most laws in this area focus on knowledge or suspicion of serious crimes such as the commission of a felony. Sometimes, a witness may fear reprisal for making a report. The law will often\u00a0make an exception in such circumstances, yet several states have specific laws that make failure to report certain crimes a criminal offense.<\/p>\n

Failure to Report a Felony Offense<\/h3>\n

In Ohio, failure to report a felony crime is itself a crime. The Ohio Revised Code says any person who has knowledge that another person committed or is committing a felony must report it to law enforcement. Failure to do so is a fourth-degree misdemeanor and subjects an offender to up to 30 days’\u00a0jail time, a $250 fine, or both.<\/p>\n

The Ohio statute also prohibits failing to report a computer crime. A person treating a sick or injured person can be charged with a crime if they negligently fail to report to law enforcement a gunshot, stab wound, or other serious physical harm from a violent offense. These latter crimes are second-degree misdemeanors and subject an offender to up to 90 days’ jail time, a $750 fine, or both. Ohio also makes it illegal for medical service providers to fail to report burn wounds to the local fire or arson investigator or law enforcement.<\/p>\n

Under\u00a0Texas law<\/a>, it is a crime to fail to report an observed offense that results in serious bodily injury or death. This “fail to report” statute provides that anyone who witnesses such a crime and has reason to believe it has not been reported must immediately tell law enforcement or a peace officer. If the witness to the crime believes making the report will put them at immediate risk of serious physical harm or death, the law provides an exception. This crime is a Class A misdemeanor. If convicted, an offender can face up to one year in county jail, a fine of $4,000, or both.<\/p>\n

Failure to Report Crimes Against Children<\/h3>\n

California state law makes it a crime to fail to report a reasonable belief that any of the following crimes have occurred to a victim under 14 years old:<\/p>\n