(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.
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