80-2-609. Failure to report -- Threats and intimidation -- Penalty.
(1) If the division has substantial grounds to believe that a person knowingly failed to report under Sectionor, the division shall file a complaint with: 80-2-602 80-2-603 the Division of Professional Licensing if the person is a health care provider, as defined in Subsection, or a mental health therapist, as defined in Section; 80-2-603(1)(a)(i) 58-60-102 the appropriate law enforcement agency if the person is a law enforcement officer, as defined in Section; or 53-13-103 the State Board of Education if the person is an educator, as defined in Section. 53E-6-102
(2) The division shall: provide the information deemed necessary for action on the complaint by the entities listed in Subsection (1); and adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the information the division shall provide under Subsection (1).
(3) A person is guilty of a class B misdemeanor if the person willfully fails to report under Sectionor. 80-2-602 80-2-603 If a person is convicted under Subsection (3)(a), the court may order the person, in addition to any other sentence the court imposes, to: complete community service hours; or complete a program on preventing abuse and neglect of children. In determining whether it would be appropriate to charge a person with a violation of Subsection (3)(a), the prosecuting attorney shall take into account whether a reasonable person would not have reported suspected abuse or neglect of a child because reporting would have placed the person in immediate danger of death or serious bodily injury. Notwithstanding any contrary provision of law, a prosecuting attorney may not use a person's violation of Subsection (3)(a) as the basis for charging the person with another offense. A prosecution for failure to report under Subsection (3)(a) shall be commenced within two years after the day on which the person had knowledge of the suspected abuse or neglect or the circumstances described in Subsectionand willfully failed to report. 80-2-603(2)
(4) Under circumstances not amounting to a violation of Section, a person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to intimidate a child who is the subject of the report under Sectionor, the person who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child. 76-8-508 80-2-602 80-2-603