Is it illegal in California to “fail to report a crime”?

In California, as a general rule, you will face no legal repercussions for not reporting a crime that you witness or otherwise have knowledge of.

However, there are three exceptions where failure to report a crime can itself be a crime:

1. you are a mandated reporter who did not report child abuse or neglect,
2. failing to report the crime that amounts to aiding and abetting the offense, or
3. the offense that was not reported was murder, rape, or lewd acts with a child using force or fear, and the victim was under 14.

California’s mandatory reporting laws

California law requires certain people to report crimes against children. This is known as a mandatory reporting law. California’s state law is the Child Abuse and Neglect Reporting Act, or CANRA.[1]

Under this law, people who work in the following roles are “mandated reporters”:

• teachers,
• teacher’s aides or assistants,
• classified employees of a public school,
• administrator or employees of a public or private youth center or recreation program,
• administrative officer or supervisor of child welfare and attendance,
• a teacher at a Head Start program,
• social workers,
• probation officers,
• parole officers,
• police officers,
• professional firefighters,
• healthcare professionals,
• coroners,
• clergy members,
• athletic coaches, and
• many others.[2]

Mandated reporters have a legal obligation to report known or suspected incidents of child abuse or child neglect. A child is someone under the age of 18.[3] Child abuse or neglect includes some criminal offenses, such as:

• sexual abuse and assault,
• sexual exploitation,
• commercial sexual exploitation,
• child endangerment,
• domestic violence, and
• corporal injury on a child.

Mandated reporters must report these cases, within 36 hours, to a:

• law enforcement agency, and
• social services agency.

Failing to make this report is a crime.

If the failure was not willful, it is a misdemeanor that carries up to:

• 6 months in county jail, and/or
• $1,000 in criminal fines.[4]

The criminal defense lawyers at our law firm have found that, unless the facts of your case are especially bad, most judges will sentence you to probation rather than jail time.

However, if the failure to report was willful, and the failure led to the child’s death or serious bodily injury, the criminal charges carry up to:

• 1 year in county jail, and/or
• $5,000 in fines.[5]

Aiding and abetting the offense

It is a crime to aid and abet a criminal offense. In California, aiding and abetting a crime involves:

• someone else commits a crime,
• you knew that he or she intended to commit the crime,
• before or during its commission, you intended to aid and abet that person, and
• your words or conduct do, in fact, aid and abet the commission of the crime.[6]

To aid and abet is to do any of the following for the perpetrator of the crime:

• aid,
• facilitate,
• promote,
• encourage, or
• [7]

Our criminal defense attorneys have found that simply failing to report criminal activity generally does not amount to aiding and abetting in the crime. However, not calling the police is something that nearly all people do who end up getting charged with this offense.

According to a California appellate court:

“Factors relevant to a determination of whether defendant was guilty of aiding and abetting include: presence at the scene of the crime, companionship, and conduct before and after the offense.”[8]

The penalties for aiding and abetting in the commission of a crime are typically the same penalties you would have faced, had you committed the crime.[9] Depending on the type of crime that was committed, this can be a serious felony offense.

Serious crimes against children

You can be charged with a crime if you fail to report serious criminal offenses committed on a young child to a peace officer. Covered offenses are the following three violent crimes, when committed on a child under 14 years of age:

1. murder,
2. rape, and
3. committing a lewd act on a minor.[10]

You comply with this criminal law by contacting local law enforcement officers or attempting to contact them.

The criminal offense has exceptions for:

• relatives of the victim or offender,
• someone who fails to report based on a reasonable mistake of fact, and
• someone who fails to report because on a reasonable fear for their own safety or the safety of their family.[11]

Convictions for this offense carry up to:

• 6 months in jail, and/or
• $1,500 in criminal fines.[12]

Filing a false report

Note that it is also a crime knowingly to file a false police report.[13] This occurs when you report a crime to police, knowing that it did not take place.

Convictions carry up to 6 months in jail.

Obstruction of justice

Failing to report a crime is generally a part of a course of conduct that amounts to obstruction of justice. California state and federal law have numerous statutes prohibiting a range of conduct that obstructs the justice system.[14]

Legal Citations:

[1] California Penal Code 11164 et seq. PEN.

[2] For a full list, see California Penal Code 11165.7 PEN.

[3] California Penal Code 11165 PEN.

[4] California Penal Code 11166(c) PEN.

[5] California Penal Code 11166.01 PEN.

[6] California Criminal Jury Instructions (CALCRIM) No. 401.

[7] Same.

[8] People v. Singleton, 196 Cal.App.3d 488, 492 (Cal. Ct. App. 1987).

[9] California Penal Code 31 PEN.

[10] California Penal Code 152.3 PEN.

[11] Same.

[12] Same.

[13] California Penal Code 148.5 PEN.

[14] See, e.g., 18 USC Chapter 73.