Can a teacher be found guilty of a violation of section 32 of the California School of Education Code of Civil Procedure for failing to report an alleged criminal offence?
California, United States of America
The following excerpt is from People v. Nuckles, F061562 (Cal. App. 2012):
A violation of section 32 can be committed only when the principal commits a felony rather than a misdemeanor. (People v. Moomey, supra, 194 Cal.App.4th at p. 856, fn. 4.) " 'Knowledge that the principal committed a felony or has been charged with the commission of one is an essential element of accessory liability.' [Citation.] In determining whether the alleged accessory had such knowledge, 'the jury may consider such factors as his [or her] possible presence at the crime or other means of knowledge of its commission, as well as his [or her] companionship and relationship with the principal before and after the offense.' [Citations.]" (Id. at p. 858, italics added.)
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