Failure to report -- Threats and intimidation -- Penalties.
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(1) If the division has substantial grounds to believe that an individual has knowingly failed to report suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency in accordance with this part, the division shall file a complaint with:
(a) the Division of Occupational and Professional Licensing if the individual is a health care provider, as defined in Section 62A-4a-404, or a mental health therapist, as defined in Section 58-60-102;
(b) the appropriate law enforcement agency if the individual is a law enforcement officer, as defined in Section 53-13-103; and
(c) the State Board of Education if the individual is an educator, as defined in Section 53E-6-102.
(2)
(a) An individual is guilty of a class B misdemeanor if the individual willfully fails to report the suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency in accordance with this part.
(b) If an individual is convicted under Subsection (2)(a), the court may order the individual, in addition to any other sentence the court imposes, to:
(i) complete community service hours; or
(ii) complete a program on preventing abuse and neglect of children.
(c) In determining whether it would be appropriate to charge an individual with a violation of Subsection (2)(a), the prosecuting attorney shall take into account whether a reasonable individual would not have reported suspected abuse or neglect of a child because reporting would have placed the individual in immediate danger of death or serious bodily injury.
(d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use an individual's violation of Subsection (2)(a) as the basis for charging the individual with another offense.
(e) A prosecution for failure to report under Subsection (2)(a) shall be commenced within two years after the day on which the individual had knowledge of the suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency and willfully failed to report.
(3) Under circumstances not amounting to a violation of Section 76-8-508, an individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or attempts to intimidate a child who is the subject of a report under this part, the individual who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter.