Is There a Legal Obligation to Report a Crime as a Witness?

Encino Bail Bond Store

There was a recent incident involving rape, Facebook, and what did or did not happen after the fact. An adolescent Chicago girl was raped by 5 or 6 males and the incident was streamed live on Facebook long enough for nearly 50 people to watch and know what was going on. None of those nearly 50 people reported the assault to the police. So, besides the males who attacked the girl, do those 50 or so people also get in trouble for witnessing it, but not speaking up? Here is a closer look at what the laws say about bystanders who become witnesses to crimes.

In the United States, if a person is a witness to a crime, they likely have no legal obligation to report it to the police. There are groups of people though who are required to report certain crimes, and it would be because of their profession. For example, doctors, nurses, law enforcement, social workers, and teachers are required to report certain crimes, like abuse and neglect, to the police, even if they just suspect that it is occurring. If these people are required to report crimes but fail to do so, they can be charged a misdemeanor and face up to 6 months in jail and a $1,000 fine.

There may be no legal obligation to report a crime, but there may be a moral obligation to do so. This means that a person who witnesses a crime may report it because they believe it is the right thing to do. They may or may not know that they do not legally have to do it or that they will not get arrested for failing to reporting a crime. If they believe they should contact the police because what they witnessed was wrong and they want some type of justice, they will report it. This is their moral obligation.

When it comes to witnessing crimes online, there are complicating factors. For example, witnesses may not accurately assess what they saw online or what they saw online may be a fake or manipulated video. For California, the same law applies. Someone who witnesses a crime happening through an online channel is not required to report it, and they will not be arrested for failing to do so.

In either case, witnessing a crime in person or online, the police may still track witnesses down to question them. By this point, the police will know they did not report the crime, but they will not be arrested. The police just want to take down a statement of what the witness saw and heard.

Read more >

Moral Obligation vs. Legal Obligation to Report a Crime

Los Angeles Bail Bond Store

Some
people believe that if they witness a crime, they must report it to the police; if they do not, they themselves are committing a crime. Actually though, in most cases, this is not true. A person may feel the moral obligation to report the crime, but they do not have a legal obligation to do so.

However, California

Does have mandatory reporting laws for certain people and situations. This applies to people in certain professions, like teachers, therapists, social workers, and medical professions, to name a few. If they suspect abuse against the people they are caring for, they are required to report this to the police.

Back to the general rule: if you are an ordinary citizen and you see someone stealing from a store, you are not required to report it. It may be on your conscience, but the police cannot arrest you for not telling them about the incident. If someone else reported the incident, the police may want to question you and get the details of what you may have witnessed. They still will not arrest you for not reporting the crime yourself.

Read more >