[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/can-charged-failing-report-crime-facebook-live\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/can-charged-failing-report-crime-facebook-live\/","headline":"Can You Be Charged with Failing to Report a Crime on Facebook Live?","name":"Can You Be Charged with Failing to Report a Crime on Facebook Live?","description":"The question of mandatory reporting gets murkier when the alleged crime takes place online. The brutal sexual assault of a 15-year-old girl on Facebook Live in March 2017 is raising important questions about whether individuals who view a live stream of a criminal act should be held criminal responsible for failing to report it. According...","datePublished":"2017-06-23","dateModified":"2023-10-11","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2017\/06\/Can-You-Be-Charged-with-Failing-to-Report-a-Crime-on-Facebook-Live.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2017\/06\/Can-You-Be-Charged-with-Failing-to-Report-a-Crime-on-Facebook-Live.jpg","height":2560,"width":2560},"url":"https:\/\/www.brodenmickelsen.com\/blog\/can-charged-failing-report-crime-facebook-live\/","about":["Criminal Defense","Internet Crimes"],"wordCount":553,"keywords":["Crime on Facebook Live","Dallas criminal defense lawyer","Duty to Report a Crime","Failing to Report a Crime","Streaming Video of a Crime","Texas criminal defense lawyer"],"articleBody":"The question of mandatory reporting gets murkier when the alleged crime takes place online.The brutal sexual assault of a 15-year-old girl on Facebook Live in March 2017 is raising important questions about whether individuals who view a live stream of a criminal act should be held criminal responsible for failing to report it.According to an NPR report, six attackers sexually assaulted the girl. Two of the attackers \u2014 both teenagers themselves \u2014 have been arrested, and the police continue to search for the others. Police also know that about 40 individuals watched the attack live on Facebook as it was streamed.Sadly, police say this is not the first time they have seen individuals stream video of a crime as it occurs.Now, many have called for the approximately 40 people who watched the assault in real time to be held accountable for not only watching the video, but failing to notify the police in an effort to stop the assault.Is There a Duty to Report a Crime? What about a Streaming Video of a Crime?In many situations, technology moves much faster than the law. This may be one of those cases. The reports surrounding the incident have horrified many people, all of whom wonder what type of person could watch live footage of an assault and fail to pick up the phone and contact police.However, the majority of states don\u2019t require ordinary citizens to notify the police when they observe a crime. Sometimes called \u201cGood Samaritan\u201d laws, there are few states that place the burden of reporting on uninvolved bystanders.Under Texas state law, witnesses to a crime do have a legal duty to report it if they witness a felony or a crime against a police officer. Failure to report a crime is a misdemeanor under state law. However, witnesses only have a duty to report if they can do so without placing themselves in danger.The question of mandatory reporting gets murkier when the alleged crime takes place online. As attorney Stephanie Lacambra, a representative from the Electronic Frontier Foundation points out, things people view on the internet aren\u2019t generally considered \u201cdirect eyewitness accounts.\u201d She adds, \u201cIt\u2019s like reading an article and trying to discern if it\u2019s true or fake news \u2014 you don\u2019t know if the video you\u2019re watching has been photoshopped or if the details you\u2019re\u2019 viewing are in fact true.\u201dAlthough the online witnesses might not be held responsible under a Good Samaritan law, a law professor from Loyola University Chicago told NPR that the individuals might be charged under a child pornography statute.Contact an Experienced Texas Criminal Defense LawyerIn many ways, internet crimes are an entirely new area of law enforcement. In a lot of cases, the law simply doesn\u2019t include definitions to encompass alleged criminal offenses that take place online. If you have been charged with an internet crime, it\u2019s important to get in touch with an experienced Texas criminal defense lawyer right away.Sources:http:\/\/www.npr.org\/2017\/04\/04\/522574666\/should-viewers-of-facebook-live-gang-rape-face-chargeshttp:\/\/codes.findlaw.com\/tx\/penal-code\/penal-sect-38-171.htmlBroden & Mickelsen, LLP Dallas Criminal Defense Lawyerhttps:\/\/www.brodenmickelsen.comBroden & Mickelsen, LLP2600 State St Dallas, Texas 75204Main Phone: (214) 720-9552Office DirectionDallas Criminal Defense Lawyer on FacebookSOURCE: Broden & Mickelsen, LLP\ufeff"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Be Charged with Failing to Report a Crime on Facebook Live?","item":"https:\/\/www.brodenmickelsen.com\/blog\/can-charged-failing-report-crime-facebook-live\/#breadcrumbitem"}]}]