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Does Obstruction of Justice apply when a person attempts reporting a crime?

Does Obstruction of Justice apply when a person attempts reporting a crime?

Q: In what states is everyone a mandated reporter?

Some states, like California and New York, have laws that broadly define mandated reporters, meaning that all citizens may be required to report suspected child abuse or neglect. However, the specifics can vary, so it's essential to check local laws to understand who is obligated to report in each state.

Full question:

Does Obstruction of Justice apply when a person or persons attempt to prevent an individual from making a report as mandated by law. Example: The State of Texas Law mandates the reporting of suspected child abuse. If an individual is involved involved in a custody case and attempts to make report of suspected abuse via email (CPS) and in doing so is restricted from visits with said children and an assertion by opposing attorney is stated as being reason to question the visits as well, can this be construed as obstruction of justice.

Category: Criminal
Date: 04/07/2025
State: Texas

Answer:

Obstruction of justice usually applies to preventing a government employee from carrying out their duties. The following is a TX statute:

§ 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person
commits an offense if the person with criminal negligence
interrupts, disrupts, impedes, or otherwise interferes with:

(1) a peace officer while the peace officer is
performing a duty or exercising authority imposed or granted by
law;

(2) a person who is employed to provide emergency
medical services including the transportation of ill or injured
persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting
a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace
officer, corrections officer, or jailer, if the person knows the
animal is being used for law enforcement, corrections, prison or
jail security, or investigative purposes;

(5) the transmission of a communication over a
citizen's band radio channel, the purpose of which communication is
to inform or inquire about an emergency; or

(6) an officer with responsibility for animal control
in a county or municipality, while the officer is performing a duty
or exercising authority imposed or granted under Chapter 821 or
822, Health and Safety Code.

(b) An offense under this section is a Class B misdemeanor.

(c) It is a defense to prosecution under Subsection (a)(1)
that the conduct engaged in by the defendant was intended to warn a
person operating a motor vehicle of the presence of a peace officer
who was enforcing Subtitle C, Title 7, Transportation Code.

(d) It is a defense to prosecution under this section that
the interruption, disruption, impediment, or interference alleged
consisted of speech only.

(e) In this section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger
of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of damage or destruction.

Please see the information at the following link:

http://definitions.uslegal.com/o/obstruction-of-justice/

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.

FAQs

What is the mandated reporting law in Texas?

In Texas, the mandated reporting law requires certain professionals, such as teachers, doctors, and social workers, to report any suspected child abuse or neglect to the Texas Department of Family and Protective Services (DFPS). This obligation is outlined in the Texas Family Code, specifically under Section 261.101. Failure to report can lead to criminal penalties, including fines and potential jail time.

What does a mandated reporter have to report MN?

In Minnesota, mandated reporters are required to report any suspected child abuse or neglect. This includes physical abuse, sexual abuse, emotional abuse, and neglect. Reports must be made to the Minnesota Department of Human Services or local child protection agencies. Mandated reporters include teachers, healthcare providers, and social workers, among others.

What is the legislation around mandatory reporting?

Mandatory reporting legislation varies by state but generally requires certain professionals to report suspected child abuse or neglect to authorities. These laws aim to protect children by ensuring that suspected abuse is reported promptly. Each state defines who qualifies as a mandated reporter and the specific types of abuse that must be reported.

What is the US mandated reporter law?

In the U.S., mandated reporter laws require specific professionals, such as teachers, healthcare workers, and social service providers, to report suspected child abuse or neglect. Each state has its own laws detailing who is considered a mandated reporter and what constitutes reportable abuse. These laws are designed to protect children and ensure that allegations are investigated.

In what states is everyone a mandated reporter?

What is Section 261.101 of the Texas Family Code?

Section 261.101 of the Texas Family Code outlines the duty of certain professionals to report suspected child abuse or neglect. It specifies that individuals in designated roles, such as teachers and healthcare providers, must report any suspicions they have regarding child abuse to the appropriate authorities. Failure to comply with this requirement can result in legal consequences.