Alaska Statutes
Alaska Stat. § 11.56.765 (2026)
Failure to report a violent crime committed against a child
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.56.765. Failure to report a violent crime committed against a child.
(a) A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person
(1) witnesses what the person knows or reasonably should know is
(A) the murder or attempted murder of a child by another;
(B) the kidnapping or attempted kidnapping of a child by another;
(C) the sexual penetration or attempted sexual penetration by another
(i) of a child without consent of the child;
(ii) of a child that is mentally incapable;
(iii) of a child that is incapacitated; or
(iv) of a child that is unaware that a sexual act is being committed; or
(D) the assault of a child by another causing serious physical injury to the child;
(2) knows or reasonably should know that the child is under 16 years of age; and
(3) does not in a timely manner 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 in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; 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 a child is a class A misdemeanor.
(a) A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person
(1) witnesses what the person knows or reasonably should know is
(A) the murder or attempted murder of a child by another;
(B) the kidnapping or attempted kidnapping of a child by another;
(C) the sexual penetration or attempted sexual penetration by another
(i) of a child without consent of the child;
(ii) of a child that is mentally incapable;
(iii) of a child that is incapacitated; or
(iv) of a child that is unaware that a sexual act is being committed; or
(D) the assault of a child by another causing serious physical injury to the child;
(2) knows or reasonably should know that the child is under 16 years of age; and
(3) does not in a timely manner 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 in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; 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 a child is a class A misdemeanor.
Notes of Decisions
Cited in 3
cases, 2001–2016 · leading case: Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012).
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012). “See Alaska Stat. § 11.56.765 (a)(1)(B) (characterizing “kidnapping or attempted kidnapping of a child” as a “violent crime”); Ariz.”
Greinier v. State, 23 P.3d 1192 (Alaska Ct. App. 2001). “At the time of the events in this case, the offense of "failure to report a violent crime committed against a child", AS 11.56.765, had been enacted but had not taken effect.”
Moran v. State, 380 P.3d 92 (Alaska Ct. App. 2016). “The potential constitutional problems posed by Alaska’s unlawful contact statute The offense that Moran was convicted of—second-degree unlawful contact as defined in AS 11.56.765(a)—is a malum prohi-bitum offense.”
— Alaska Stat. § 11.56.765(a) — 1 case
Moran v. State, 380 P.3d 92 (Alaska Ct. App. 2016). “The potential constitutional problems posed by Alaska’s unlawful contact statute The offense that Moran was convicted of—second-degree unlawful contact as defined in AS 11.56.765(a)—is a malum prohi-bitum offense.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.