Establishes the crime of failure to report the death or disappearance of a child

1 Co-sponsor

• Mark Grisanti

BILL NUMBER:S5858

Title of bill

An act to amend the penal law, in relation to establishing the crime of failure to report the death or disappearance of a child

Summary of provisions

Section one adds a new section 260.35 to the penal law. Subsection one creates the crime of failure to report the death or disappearance of a child when the parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old knowingly or intentionally fails to notify and report to law enforcement within twenty-four hours of the death of such child, regardless of whether such death was accidental or intentional; or the disappearance of such child.

Subsection two provides that a person is not guilty of this crime when he or she fails to report the death or disappearance of a child with the intent that the child be safe from physical injury, or the child dies while under medical care from a duly licensed physician.

The crime of failure to report the death or disappearance of a child is a class D felony.

Reasons for support

Recently, the Casey Anthony trial drew national attention when Casey Anthony was found not guilty of first degree murder in the death of her 2-year-old daughter. Despite her failure to report her daughter's disappearance for over a month, Anthony was only found guilty of the misdemeanor crime of falsifying police reports.

This legislation would ensure that there will be no more cases like Casey Anthony's in the courts, and no more innocent children will have to go without justice.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.