Re: charges. court document. possible child abuse/neglect charge against murray?
Penal Code Section 11166.
(a) Except as provided in subdivision (c), a mandated reporter shall make a report to an agency specified in Section
11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge
of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The
mandated reporter shall make a report to the agency immediately or as soon as is practicably possible by telephone, and the mandated
reporter shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident.
(1) For the purposes of this article, "reasonable suspicion" means that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. For the purpose of this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared and sent even if the child has expired, regardless of whether or not
the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b) Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that fine and punishment.
(c) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(d) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape, negative, or slide depicting a child under the age of 16 years engaged in an
act of sexual conduct, shall report the instance of suspected child abuse to the law enforcement agency having jurisdiction over the case
immediately, or as soon as practically possible, by telephone, and shall prepare and send a written report of it with a copy of the
film, photograph, videotape, negative, or slide attached within 36 hours of receiving the information concerning the incident. As used
in this subdivision, "sexual conduct" means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(5) Exhibition of the genitals, pubic, or rectal areas of any person for the purpose of sexual stimulation of the viewer.
(e) Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9.
(f) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the report.
(g) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(h) A county probation or welfare department shall immediately, or as soon as practically possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child which relates solely to the inability of the
parent to provide the child with regular care due to the parent's substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under
this subdivision.
(i) A law enforcement agency shall immediately, or as soon as practically possible, report by telephone to the agency given
responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney's office
every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of
Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to
the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to
have occurred as a result of the action of a person responsible for the child's welfare, or as the result of the failure of a person
responsible for the child's welfare to adequately protect the minor from abuse when the person responsible for the child's welfare knew
or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to
which it makes a telephone report under this subdivision.
11166.05. Any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflicted upon a
child or that his or her emotional well-being is endangered in any other way may report the known or suspected instance of child abuse
or neglect to an agency specified in Section 11165.9.
mg: wow
