AB 1438 Summary

• Requires any person who reasonably believes they observed murder, rape, or a lewd and lascivious act on a child under 14 years of age to notify a peace officer.

• Expands the duty to report lewd and lascivious acts to include cases without force, violence, duress, menace, or fear of bodily injury.

• Makes failure to report these offenses a misdemeanor punishable by a fine up to $1,500, county jail time up to six months, or both.

• Provides exceptions for family members of the victim or offender, those with reasonable mistakes of fact, and those with reasonable fear for safety.

• Specifies no state reimbursement is required because costs result from creating a new crime or changing penalties under existing law.