Failure to Report a Crime – Is it a crime in Nevada?

In Nevada, you can get into trouble for not reporting a crime depending on:

1. the alleged illegal activity and
2. your job.

For instance, “mandatory reporters” are professionals who must report certain offenses while others do not. Below I explain the difference between mandatory reporters and regular citizens and when each is lawfully obligated to call the police.

Mandatory Reporters

There are three categories of Nevada crimes for which mandatory reporters must contact law enforcement, as the following table shows:

Suspected Crime	Mandatory Reporters	Criminal Penalties for Failure to Report	Nevada Statutes
1. Elder/vulnerable person abuse and neglect	Healthcare workers Nursing home workers	Misdemeanor:  Up to $1,000 and/or 6 months in jail	NRS 200.5093; NRS 200.5096
2. Child abuse and neglect	Healthcare workers Clergy Educators Social workers Police School employees Childcare workers	Misdemeanor (first offense):  Up to $1,000 and/or 6 months in jail Gross misdemeanor (second offense): Up to $2,000 and/or 364 days in jail	NRS 432B.160; NRS 432B.220; NRS 432B.240
3. Non-accidental gunshot and knife wounds	Healthcare workers	Not specified	NRS 629.041; NRS 629.045

In these cases, mandatory reporters do not have a choice. They must inform the authorities if they witness the specified criminal activity or have reasonable cause to believe it occurred. Otherwise, mandatory reporters face criminal charges themselves.

Example: Max is a doctor married to Mary, an artist. One night they hear their next door neighbor severely beating their elderly parent. Since Max is a doctor and therefore a mandatory reporter for elder abuse, he is obligated to report the beating or else risk a misdemeanor charge. Since Mary is not a mandatory reporter, she does not have to report the abuse.

Note that failing to report is only a crime if you did so willfully. If there were circumstances that prevented you from reporting, then criminal charges cannot stand.¹

Regular Citizens

Under Nevada Revised Statute 202.882, everyone is required to report violent or sexual crimes against a child 12 or younger. Willfully failing to contact the police is a misdemeanor carrying up to $1,000 and/or six months in jail.

However, there are many exceptions to this rule. You will not be prosecuted for failing to report if either:

• the suspected abuser never gets convicted;
• you are younger than 16;
• you are closely related to the child or suspected abuser;
• you have a physical or mental impairment that prevents you from making the report; or
• reporting would put you, a family member, or someone in the household in danger of substantial bodily harm.²

False Reporting

Sometimes people report suspected criminal activity that turns out to be baseless. As long as you acted in good faith – which means you genuinely believed a crime occurred and reported it truthfully – you should be immune from criminal and civil liability in Nevada.³

Example: Sally is a school nurse. One day a student confides in her that her dad sexually abuses her. Sally immediately contacts the police, who arrest and charge the dad. If it turns out the student was lying, the nurse should not face any criminal charges or civil lawsuits because she acted in good faith.

If you knowingly make a false police report, you could be charged with malicious prosecution.⁴ The penalties depend on what crime you reported, as the following table shows.

Crime Falsely Alleged	Nevada Sentence for Malicious Prosecution
Felony	Category D felony:  1 to 4 years in Nevada State Prison and up to $5,000
Gross misdemeanor or misdemeanor	Misdemeanor:  Up to 6 months in jail and/or $1,000

Helpful Links

You can always report crimes in Nevada by calling 911. For more information re. reporting abuse of children, the elderly, or vulnerable people, refer to the following:

• Nevada Child Abuse Prevention, Nevada Department of Health & Human Services Division of Child & Family Services
• Report Suspected Child Abuse or Neglect, Nevada Department of Health & Human Services Division of Child & Family Services
• Report Vulnerable Adult Abuse, Nevada Department of Health & Human Services Division of Child & Family Services
• Abuse Neglect, Las Vegas Metropolitan Police Department
• Prevent Child Abuse Nevada, UNLV Nevada Institute for Children’s Research & Policy
• Adult Protective Services (APS), reachable by calling 211

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Legal References