Full question:
My boss spoke of desiring to kill his old boss, graphically describing it. He spoke of killing a couple of people in the corporate office and in the same conversation said he was going to order a semi-automatic 308 gun. Later that same day he called the gun company and discussed ordering it. Because of this and other actions I became very afraid of him. I told the plant manager. He advised me to call the HR dept. But that was too frightening because my boss had told me no one had better call and tell anything about him. The plant manager called the HR dept. I was fired for telling the plant manager what my boss was doing. I was told that was insubordination. MY question is: what are my legal responsibilities about informing the company further about the dangers that this person poses to the remaining personnel.
- Category: Criminal
- Date:
- State: Texas
Answer:
If a claim of conspiracy is raised, the main elements that need to be proven are a voluntary agreement to participate and some overt act by one of the conspirators in furtherance of the criminal plan. It is not necessary to prove that the criminal plan actually was accomplished or that the conspirator was involved in all stages of the planning or knew all of the details involved.
Please see the following TX statute:
§ 38.171 PENAL. Failure to Report Felony
(a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a
reasonable person would believe that an offense had been committed in
which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a
peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the
offense had not been reported; and
(B) the person could immediately report the commission of the offense
without placing himself or herself in danger of suffering serious bodily
injury or death.
(b) An offense under this section is a Class A misdemeanor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
