(a) A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person


(1) witnesses what the person knows or reasonably should know is


(A) the murder or attempted murder of a child by another;


(B) the kidnapping or attempted kidnapping of a child by another;


(C) the sexual penetration or attempted sexual penetration by another


(i) of a child without consent of the child;


(ii) of a child that is mentally incapable;


(iii) of a child that is incapacitated; or


(iv) of a child that is unaware that a sexual act is being committed; or


(D) the assault of a child by another causing serious physical injury to the child;


(2) knows or reasonably should know that the child is under 16 years of age; and


(3) does not in a timely manner report that crime to a peace officer or law enforcement agency.


(b) In a prosecution under this section, it is an affirmative defense that the defendant


(1) did not report in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; or


(2) acted to stop the commission of the crime and stopped


(A) the commission of the crime; or


(B) the completion of the crime being attempted.


(c) In this section,


(1) "incapacitated" has the meaning given in AS 11.41.470
;


(2) "mentally incapable" has the meaning given in AS 11.41.470
;


(3) "sexual act" has the meaning given in AS 11.41.470
;


(4) "without consent" has the meaning given in AS 11.41.470
.


(d) Failure to report a violent crime committed against a child is a class A misdemeanor.