Do I Have a Duty to Report a Plan for Murder?
Full Question:
Answer:
If a claim of conspiracy is raised, the main elements that need to be proven are a voluntary agreement to participate and some overt act by one of the conspirators in furtherance of the criminal plan. It is not necessary to prove that the criminal plan actually was accomplished or that the conspirator was involved in all stages of the planning or knew all of the details involved.
Please see the following TX statute:
§ 38.171 PENAL. Failure to Report Felony
(a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a
reasonable person would believe that an offense had been committed in
which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a
peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the
offense had not been reported; and
(B) the person could immediately report the commission of the offense
without placing himself or herself in danger of suffering serious bodily
injury or death.
(b) An offense under this section is a Class A misdemeanor.