(a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she: (1) Is a mandated reporter under this chapter;(2) Has: (A) Reasonable cause to suspect that a child has been subjected to child maltreatment;(B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or(C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and(3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.(b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.(c) This section does not apply to a person who is a:(1) Mandated reporter under § 12-18-402(b)(43); and(2) Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation: (A) Domestic abuse as defined in § 9-4-102;(B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or(C) A sex offense as defined in § 12-12-903.Amended by Act 2023, No. 727,§ 4, eff.

nse involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or(C) A sex offense as defined in § 12-12-903.Amended by Act 2023, No. 727,§ 4, eff. 8/1/2023.Acts 2009, No. 749, § 1.