Statutes | Hopi Criminal Code Title III Chapter 10 ยง 3.10.6 | 2020

A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, endanger or abandonment of a minor, child abuse, sexual assault or sexual conduct with a minor that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in shall immediately report or cause reports to be made of this information to a law enforcement officer.

 

B. A report is not required under this section for conduct prescribed by sections 3.10.3 if the conduct involves only minors who are sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual.

 

C. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question.

 

D. Reports shall be made immediately by telephone or in person and shall be followed by a written report within seventytwo hours. The reports shall contain:

 

1. The names and addresses of the minor and the minors parents or the person or persons having custody of the minor, if known.

2. The minors age and the nature and extent of the minors abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect.

3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect.

4. The name of the person making the report.

 

E. For the purposes of this section:

 

1. &ldquoAbuse&rdquo shall have the same meaning as in 3.7.5.

2. &ldquoEndangerment or abandonment of a minor&rdquo shall have the same meaning as in 3.6.1.

3. &ldquoSexual assault&rdquo shall have the same meaning as in 3.10.2.

4. &ldquoSexual conduct with a minor&rdquo shall have the same meaning as in 3.10.3.

 

F. Penalty.

 

1. A person who violates this section and is a parent, stepparent, guardian, law enforcement officer, teacher, school official, or has responsibility for the care or treatment of the minor, such as a physician, dentist, nurse, psychologist, counselor, social worker, is guilty of an offense.

2. A person who violates this section, but does not have a relationship to the child described in subsection 1, shall receive a warning for a first violation, is guilty of a minor offense for second violation, and is guilty of an offense for subsequent violations.