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Caylee's Law
NCSL Civil and Criminal Justice Program
Contact
NCSL Criminal Justice Program
Denver, Colorado, (303) 364-7700 or
cj-info@ncsl.org.
Updated November 16, 2012
Concerns stemming from the acquittal of Casey Anthony in Florida, following her daughter Caylee’s death, have prompted state lawmakers to consider legislation. This legislation, often dubbed “Caylee’s law,” criminalizes the failure to report a missing or dead child. As of September 19, 2012, at least eleven states have enacted legislation, and an additional eight states have filed bills: Alabama (1), Illinois (1), Massachusetts (2), Michigan (4), New Jersey (1), New York (4), Ohio (3), and Pennsylvania (1). Key points in the bills include the qualifying age of a missing or dead child, how long the legal guardian has to report the incident to law enforcement and how the crime is classified.
Enacted Legislation
California
Cal. [Penal] Code §273j
[Chapter 805] |
Enacted on September 30, 2012, AB 1432 requires a parent or guardian of a child under a specified age who knows or should have known that the child has died to notify a public safety agency within a specified time period of the time that the parent or guardian knew or should have known that the child has died and to notify law enforcement within that same time period of the death or that the child is a missing person. Violation is a misdemeanor. |
Connecticut
Conn. Gen Stat. §53-21a
[Public Act 12-112] |
Effective on October 1, 2012, HB 5512 created a Class A misdemeanor for any parent, guardian, person in custody, or person providing supervision for a child under twelve years who knowingly fails to report the disappearance of a child. "Disappearance of a child" is defined as the parent or guardian does not know the location of and has not had contact with the child for a twenty-four hour period. |
Delaware
Del. Code Ann. Tit. 11 §1102
[Chapter 242 and Act 406] |
1). Signed into law on May 21, 2012, HB 256 adds failing to report a missing child as an act that would make the child “neglected or abused.”
2.) Approved on September 12, 2012, SB 234 additionally modifies a law previously amended by HB 256 that makes “endangering the welfare of a child” a class E or G felony when a parent, guardian, or any other person who has assumed responsibility for the care or supervision of a child intentionally, knowingly, or recklessly fails to act, including failing to report a missing child. As a result the child becomes “neglected or abused.” |
Florida
Fla. Stat. §837.055
[Chapter 2012-53] |
Effective on October 1, 2012, CS/HB 37, creates a criminal penalty (first degree misdemeanor) for knowingly and willfully giving false information to mislead a police officer's investigation of a missing child. If the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death then the crime becomes a third degree felony. |
Illinois
Ill. Rev. Stast. Ch. 720 §5/10-10
[Public Act 097-1079] |
Effective January 1, 2013, SB 2537 creates a felony punishable by up to three years in prison and a $25,000 fine for failing to report a missing child. The bill requires legal guardians of any missing child thirteen years old or younger to notify police within twenty-four hours. For children two years old or younger must be reported within one hour of their disappearance. The bill also criminalizes the failure to report the death of any child within twelve hours. |
Indiana
Ind. Code §35-44.1-2-3
[Act 262] |
Signed into law on March 19, 2012, Indiana Senate Bill 262 creates the class B misdemeanor crime of false informing for anyone who makes a false report of a missing person, knowing the report or information is false or gives a false report concerning a missing child or endangered adult knowing the report or information to be false. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person. |
Kansas
Kan. Stat. Ann. §21-5904
[Chapter 119]
(pg 920) |
Effective on July 1, 2012 HB 2534 criminalizes failing to report a missing child, failing to report the death of a child, and providing false information to a police officer. |
Louisiana
La. Rev. Stat. Ann. §§403.3; 403.7; 403.8
[Act 454 and Act 446] |
1). Effective August 15, 2012 Act No. 454, criminalizes the failure of a caretaker to report within two hours of after a period of twenty-four hours where the caretaker does not know nor has been in contact with a child of thirteen years or older. For a child under the age of thirteen the period is reduced to twelve hours. The act also makes it a crime for a caretaker to fail to report a child's death within one hour off discovery of the death or learning the location of the body. The act provides for specific penalties.
2). Effective August 15, 2012 Act No. 446 criminalizes the act of intentionally providing false information to law enforcement concerning a missing child or the recovery of a missing child. |
New Jersey
N.J. Rev. Stat. §52:17B-89
[Chapter 174]
|
Effective immediately upon approval on January 9, 2012, Chapter 174 creates a fourth degree felony for a person with legal custody of a child, 13 years old your younger, who fails to report the disappearance of that child to police more than 24 hours after becoming aware of the disappearance. |
South Dakota
S.D. Code Ann. §22-11-37
[SB 43] |
Signed into law on March 16, 2012, South Dakota Senate Bill 43 provides that any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within a specified time frame of learning that a child, in his or her care and less than 13 years of age, is missing is guilty of a Class 1 misdemeanor. Further provides that if such persons fail to notify law enforcement within a specified time period of learning of the death of a minor child in his or her care is guilty of a felony; exempts health care providers and facilities. |
Wisconsin
Wis. Stat. §973.06; 948.23
[Act 269 and Act 268]
|
1). Published on April 4, 2012 AB 263 makes it a crime to provide false information to a law enforcement officer, or place physical evidence with the intent to mislead an officer. The person may also be charged with the costs incurred by the law enforcement agency during their investigation.
2). Signed into law on April 9, 2012, Wisconsin Assembly Bill 397 creates the crime of failing to report the death of a child, failing to report a missing child, and moving the corpse of a child. |
Pending Legislation
Profit Concerns from the Casey Anthony Trial
In addition to criminal concerns, some legislators are considering measures to prohibit participants in a criminal trial from profiting from their experience. Florida HB 51 (2012), for example, would prohibit a juror from requesting or accepting any benefit or compensation related jury service until 270 days after the end of the trial. Similar laws already exist in California, Delaware, Louisiana, New York and New Jersey.
Additionally, concerns have been raised over the potential for defendants to profit from their experiences. “Son of Sam Laws,” named for Sam Berkowitz, prevent only those found guilty—not those acquitted—from profiting from their crimes.
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