An omission, or failure to act, is a crime only where the law
imposes an affirmative duty to act. Historically, the law has been
reluctant to impose such duties. Yet in some instances, the law
does compel action, such as when imposing a duty to report. The
recent scandal at Penn State has brought this duty into sharper
focus. (Former Coach at Penn State Is Charged With
Abuse)
Under Pennsylvania law, 23 Pa. Cons. Stat. § 6311 creates a duty
to report suspected child abuse, including sexual abuse. That law,
however, applies only to people who come into contact with children
in the course of employment, and it applies only to children under
the care or supervision of the organization with which that person
is affiliated. When staff members at an institution have a legal
duty to report under the statute, they fully discharge that duty
upon notifying the person in charge of the institution. At that
point, the person in charge assumes the legal duty to report the
suspected
