Legal Question in Criminal Law in California

Is it a crime to not report a crime?

I am a lay leader of a church (we have no clergy). If in the course of pastoral care or church activities, it comes to the attention of our managing board that a member of our church has committed a crime, do we have a legal duty to report that crime to the legal authorities? If we were to deal with the matter by means of internal church disciplinary procedures, but choose not to report it to the police, would we be violating any laws? I assume that if it were an ongoing habitual activity that was likely to continue regardless of our actions, then we would most certainly want to report it. But if it appeared to have been a one time or past act that we felt would not be repeated, would we still be required by law to report it? Would we be open to civil liability if we knew about it, dealt with it internally, did not report it, and then it happened again?

Thanks


Asked on 6/24/04, 6:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is it a crime to not report a crime?

This is a treacherous area, and you should not rely upon anon advice on the web when it comes to potential civil and criminal liability. With that said, if abuse of minors is involved, you probably have to report. If sexual abuse, ditto. In other areas, you must avoid becoming an 'accessory after the fact' that could occur if you helped hide a criminal.

You need legitimate advice, and need to consult with counsel to get it properly. Contact me if interested in doing so at a reasonable charge.

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Answered on 6/24/04, 8:33 pm


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