(1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in an investigation, evaluation or judicial proceeding resulting from the report shall be presumed to be acting in good faith. Any person or institution reporting or participating in an investigation, evaluation or judicial proceeding resulting from the report in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(2) (a) Any report pursuant to Section 43-21-353 shall not be considered filed in good faith when it is unsupported by credible evidence; and the person who filed the report intentionally submitted the report knowing it was false. Such report shall be considered a willful false report of child abuse.(b) (i) Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.(ii) If the person who filed the report reasonably relied on credible evidence or credible information, it shall be a defense to a claim of willful false reporting.(c) In addition to any fine and imprisonment, and upon a proper showing made to the court, the person may be ordered to pay restitution to the law enforcement agency and/or the Department of Child Protection Services for any reasonable costs directly related to the investigation of the false report.(d) Violations of this section may be prosecuted by the state Attorney General, the county attorney of the county in which either the child resides or the person who is the subject of the false report resides or the district attorney of the county in which either the child resides or the person who is the subject of the false report resides.
(a) Any report pursuant to Section 43-21-353 shall not be considered filed in good faith when it is unsupported by credible evidence; and the person who filed the report intentionally submitted the report knowing it was false. Such report shall be considered a willful false report of child abuse.
(b) (i) Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.(ii) If the person who filed the report reasonably relied on credible evidence or credible information, it shall be a defense to a claim of willful false reporting.
(i) Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.
(ii) If the person who filed the report reasonably relied on credible evidence or credible information, it shall be a defense to a claim of willful false reporting.
(c) In addition to any fine and imprisonment, and upon a proper showing made to the court, the person may be ordered to pay restitution to the law enforcement agency and/or the Department of Child Protection Services for any reasonable costs directly related to the investigation of the false report.
(d) Violations of this section may be prosecuted by the state Attorney General, the county attorney of the county in which either the child resides or the person who is the subject of the false report resides or the district attorney of the county in which either the child resides or the person who is the subject of the false report resides.