Failure to Stop or Report Aggravated Sexual Assault of a Child

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Contents

Degree

Failure to stop or report aggravated sexual assault of a child is a class A misdemeanor.

Statute(s)

§ 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.

(a) A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if:
    (1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child;
    (2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and
    (3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 1344, § 1, eff. Sept. 1, 1999.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593, § 3.50, eff.
September 1, 2007.

Caselaw

Collateral Consequences

Could be construed as a Crime of Moral Turpitude
Adoption and Foster Care

Notes

Discuss this offense with The Law Office of Alison Grinter

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