Can I Be Charged for Not Reporting a Crime in California?
Understanding when you must report a crime—and when you have the right to remain silent—is crucial for protecting yourself from potential criminal charges. This blog examines California’s laws regarding failure to report crimes, the specific situations where reporting is mandatory, and the potential consequences of non-compliance.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
The General Rule: No Duty to Report
Under California law, most individuals have no legal obligation to report crimes they witness or learn about. Unlike some states that have “Good Samaritan” laws requiring citizens to assist crime victims or report criminal activity, California takes a more limited approach.
This means that if you witness a theft, vandalism, or even certain violent crimes, you generally cannot be prosecuted simply for failing to contact law enforcement. The law recognizes that forcing citizens to report crimes could create dangerous situations, discourage people from being in certain areas, or compel individuals to act against their own safety interests.
However, this general rule has several critical exceptions that every California resident should understand.
Mandatory Reporting Requirements
California law does impose reporting obligations on specific individuals in certain situations. Violating these mandatory reporting requirements can result in criminal charges.
Child Abuse and Neglect
California Penal Code Section 11166 requires certain professionals—known as “mandated reporters”—to report suspected child abuse or neglect. Mandated reporters include teachers, social workers, doctors, therapists, childcare providers, law enforcement officers, and clergy members, among others.
Under this law, mandated reporters must contact law enforcement or child protective services when they have reasonable suspicion that a child has been abused or neglected. Failure to report can result in misdemeanor charges, punishable by up to six months in county jail and fines up to $1,000.
Even individuals who are not mandated reporters can face criminal liability under Penal Code Section 11166.01 if they know a child is being sexually assaulted and fail to report it to law enforcement. This applies to any adult who has direct knowledge or observation of the abuse.
Elder and Dependent Adult Abuse
Similar to child abuse reporting requirements, California Welfare and Institutions Code Section 15630 requires mandated reporters to report suspected abuse of elderly persons (65 or older) or dependent adults. Healthcare practitioners, care custodians, and other specified professionals must report physical abuse, neglect, financial abuse, or abandonment.
Failure to report elder or dependent adult abuse is a misdemeanor, punishable by up to six months in jail and fines up to $1,000. In cases involving serious bodily injury or death, the penalties can increase significantly.
Misprision of Felony: Federal Considerations
While California state law generally does not criminalize failure to report crimes, federal law contains a provision known as “misprision of felony” under 18 U.S.C. Section 4. This federal statute makes it a crime to conceal knowledge of a felony and take affirmative steps to cover it up.
However, mere silence or failure to report a federal crime is not enough for a misprision charge. The prosecution must prove that the defendant took active steps to conceal the felony from authorities. This distinction is important—simply knowing about a crime and saying nothing does not typically violate federal law.
Accessory After the Fact
While failing to report a crime is generally not criminal, actively helping someone avoid arrest or prosecution is. Under Penal Code Section 32, a person can be charged as an accessory after the fact if they harbor, conceal, or aid a person they know has committed a felony, with the intent to help them avoid arrest, trial, or punishment.
Potential Penalties for Failing to Report
When reporting is mandatory under California law, the penalties for non-compliance vary depending on the specific statute violated:
- Child abuse reporting violations: Misdemeanor charges with up to six months in jail and fines up to $1,000
- Elder abuse reporting violations: Misdemeanor charges with up to six months in jail and fines up to $1,000; enhanced penalties if the victim suffered serious injury or death
- Accessory after the fact: Penalties depend on the underlying felony but can range from misdemeanor to felony charges
In addition to criminal penalties, professionals who fail to meet mandatory reporting obligations may face disciplinary action from their licensing boards, civil liability, and damage to their professional reputations.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
