Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 6319 (2026)

Penalties.

✓ current as of May 2026

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§ 6319. Penalties.

(a) Failure to report or refer.--

(1) A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so.

(2) An offense under this section is a felony of the third degree if:

(i) the person or official willfully fails to report;

(ii) the child abuse constitutes a felony of the first degree or higher; and

(iii) the person or official has direct knowledge of the nature of the abuse.

(3) An offense not otherwise specified in paragraph (2) is a misdemeanor of the second degree.

(4) A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter.

(b) Continuing course of action.--If a person's willful failure under this section to report an individual suspected of child abuse continues while the person knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual's employment, program, activity or service, the person commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree.

(c) Multiple offenses.--A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree.

(d) Statute of limitations.--The statute of limitations for an offense under this section shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater.

(Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 15, 2014, P.L.414, No.32, eff. 60 days; Nov. 26, 2019, P.L.648, No.88, eff. 60 days)

2019 Amendment. Act 88 amended subsecs. (b), (c) and (d).

Effective Date. Section 17 of Act 45 of 2014 provided that, notwithstanding section 4 of Act 32 of 2014, the amendment of section 6319 shall take effect December 31, 2014.

Cross References. Section 6319 is referred to in sections 6320, 6335 of this title.

Notes of Decisions

Cited in 13 cases (7 in the last 5 years), 1994–2026 · leading case: K.H. v. Kumar, S., M.D, 122 A.3d 1080 (Pa. Super. Ct. 2015).

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K.H. v. Kumar, S., M.D, 122 A.3d 1080 (Pa. Super. Ct. 2015). “See 23 Pa.C.S. § 6319(a)(1). The trial court ruled that the absence of an express provision in the CPSL providing for such a claim necessarily signals the exclusion of any civil cause of action based upon a failure to report child abuse, requiring dismissal of all of Appellants’…”

Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 6319. Further, the offense is graded as a felony where the person or official 1) willfully fails to report, or 2) has direct knowledge of the nature of the abuse.”

Heinrich v. Conemaugh Valley Mem'l Hosp., 648 A.2d 53 (Pa. Super. Ct. 1994). “” 23 Pa.C.S. § 6319. 2 . Indeed, we find Appellants’ argument contradictory.”

Picarella v. Terrizzi, 893 F. Supp. 1292 (M.D. Penn. 1995). “23 Pa.Cons.Stat.Ann. § 6319. In other words, particular persons who come into contact with children must make a reasoned decision based upon their own background as to whether there is “reason to believe” that a child is the victim of abuse.”

Com. v. Baggetta, R. (Pa. Super. Ct. 2022). · cites it 4× “23 Pa. C.S. §6319( a)(1), (2)(i)(iii); and one ( 1) count of Furnish Liquor or Malt Beverage to aMinor, 19 Pa.”

Ivy Hill Congregation of Jehovah's Witnesses v. DHS (Pa. Commw. Ct. 2022). · cites it 2× “DHS reasons that it does not oppose, has not sued, and has not threatened to sue Ivy Hill because DHS cannot enforce the CPSL’s criminal penalties at 23 Pa.C.S. § 6319. Id. at 7-9. DHS suggests that Ivy Hill should have named the Commonwealth or the Office of Attorney General…”

Com. v. Spanier, G. (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 6319. Further, the offense is graded as a felony where the person or official 1) willfully fails to report, or 2) has direct knowledge of the nature of the abuse.”

V.M. Forgione v. UCBR (Pa. Commw. Ct. 2019). “) Specifically, Claimant was charged with: failing to report or refer suspected child abuse in violation of Section 6319 of the Child Protective Services Law, 23 Pa. C.S. § 6319; tampering with or fabricating physical evidence in violation of Section 4910 of the Crimes Code, 18…”

Com. v. Baggetta, N. (Pa. Super. Ct. 2022). “1(a); and Failure to Report/Refer, 23 Pa. C.S. §6319(a)(1), (2) (Hi). Ruth A Bageetta is the listed Appetlant in Commonwealth vy.”

N.S. v. W. Pennsylvania Sch. for Blind Child. (W.D. Pa. 2024). “23 Pa. C.S. § 6319. The CPSL defines child abuse as among other conduct, “[u]nreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.”

Ivy Hill Congregation of Jehova's Witnesses v. DHS (Pa. Commw. Ct. 2021). “2 Further, Section 6319 of the CPSL, 23 Pa. C.S. § 6319, sets forth the penalties for failing to make a required report.”

Ivy Hill Congregation of Jehovah's Witnesses v. Com. of PA, DHS (Pa. Commw. Ct. 2026). “See 23 Pa.C.S. § 6319. Ivy Hill I nevertheless held that any law enforcement interest was “indirect and incidental” to Ivy Hill’s claims.”

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— 23 Pa. Cons. Stat. § 6319(a)(1) — 3 cases

Com. v. Baggetta, R. (Pa. Super. Ct. 2022). “23 Pa. C.S. §6319( a)(1), (2)(i)(iii); and one ( 1) count of Furnish Liquor or Malt Beverage to aMinor, 19 Pa.”

Com. v. Baggetta, N. (Pa. Super. Ct. 2022). “1(a); and Failure to Report/Refer, 23 Pa. C.S. §6319(a)(1), (2) (Hi). Ruth A Bageetta is the listed Appetlant in Commonwealth vy.”

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