[§663-1.6]  Duty to assist.  (a)  Any
person at the scene of a crime who knows that a victim of the crime is
suffering from serious physical harm shall obtain or attempt to obtain aid from
law enforcement or medical personnel if the person can do so without danger or
peril to any person.  Any person who violates this subsection is guilty of a
petty misdemeanor.



(b)  Any person who provides reasonable
assistance in compliance with subsection (a) shall not be liable in civil
damages unless the person's acts constitute gross negligence or wanton acts or
omissions, or unless the person receives or expects to receive remuneration. 
Nothing contained in this subsection shall alter existing law with respect to
tort liability of a physician licensed to practice under the laws of this State
committed in the ordinary course of the physician's practice.



(c)  Any person who fails to provide reasonable
assistance in compliance with subsection (a) shall not be liable for any civil
damages. [L 1984, c 140, §1]



 



Case Notes



 



  Section imposes on the perpetrator of a crime a duty to
obtain necessary medical aid for the victim.  73 H. 236, 831 P.2d 924.



  Where evidence that child was a victim of battered child
syndrome was relevant to show that child's death was not an accident, but the
result of an intentional, knowing or reckless criminal act, giving rise to a
duty on defendant's part to obtain medical care for child pursuant to this
section, trial court did not err in admitting expert testimony that child was a
victim of battered child syndrome.  101 H. 332, 68 P.3d 606.



  Applicable to the perpetrator of a crime.  8 H. App. 506, 810
P.2d 672.