Failure to Report a Crime in California

In California, failing to report a crime is not always illegal, but it can sometimes lead to serious legal consequences. While the law doesn’t require private citizens to report crimes they witness in every circumstance, there are exceptions – particularly in cases involving vulnerable people or helping a criminal evade justice. You can avoid liability by understanding when the law obligates you to report a crime.

Are You Legally Required to Report a Crime in California?

California law does not impose a general duty on citizens to report crimes they observe. For example, you do not have to call the police if you see someone jaywalking or committing a non-violent theft. However, some circumstances make reporting obligatory.

• Mandated reporters: Professionals like teachers and health providers must report crimes involving vulnerable people, such as child abuse, elder abuse or domestic violence.
• Failure to report a felony: While reporting is not a strict requirement for private citizens, failing to tell the police about a crime could have consequences, especially if you have a duty to act.
• Becoming an accessory after the fact: Even if you have not directly committed a crime, helping a criminal avoid arrest or prosecution can result in felony charges.

Who Is a Mandated Reporter?

Under California’s mandatory reporting laws, people who work in specific professions must report suspected crimes involving abuse or neglect. Failure to do so is a misdemeanor and can result in up to six months in jail, fines of up to $1,000 and potential loss of a professional license.

• Teachers and school staff
• Doctors, nurses and other health providers
• Social workers and therapists
• Law enforcement officers and first responders
• Clergymembers

For example, a teacher could face criminal charges if they notice bruises on a child and suspect abuse but never notify Child Protective Services or law enforcement. Similarly, health professionals who treat people with injuries that suggest violent crime or assault must tell the police.

Failure to Report: Could You Be Charged?

While private citizens do not typically have to report crimes, there are some exceptions, particularly when the crime is serious. For example, if you witness a murder, sexual assault or armed robbery, the prosecution may argue that you had a moral or legal duty to report it, especially if you were in a position of authority or had a close relationship with the victim.

You could face criminal charges if you actively help someone avoid prosecution, such as hiding a weapon, destroying evidence or lying to the police about a suspect’s whereabouts. In doing so, you become an accessory after the fact.

For instance, helping your friend escape after they commit armed robbery would make you an accessory after the fact, even if you had no involvement in planning or carrying out the crime. If convicted as an accessory after the fact, you could face up to three years in prison, hefty fines and a permanent criminal record.

How a Criminal Defense Attorney Can Help

You need an experienced criminal defense attorney to protect your rights if you are a mandated reporter who fails to report a crime or you have helped a criminal avoid prosecution.

A lawyer can:

• Assess whether you had a legal obligation to report the crime
• Challenge accusations of aiding and abetting
• Fight for a reduction or dismissal of charges

Ronald Brower, a highly respected criminal defense attorney with over 45 years of experience, has successfully defended clients facing complex criminal charges. If you are under investigation or charged with a crime, contact Brower Law today for a consultation.