In 2013 North Carolina enacted “Caylee’s Law,” S.L. 2013-52, a statute similar to laws adopted in other states after the high-profile Casey Anthony trial. North Carolina’s law makes a number of changes regarding the reporting of missing, abused or deceased children. This post summarizes the changes, all of which are effective for offenses occurring on or after December 1, 2013. New Crime: Failing to Report Missing Child By Parent/Care Giver Elements. A person guilty of this offense: (1) is a parent or other person providing care to or supervision of a child and (2) knowingly or wantonly (3) fails to report the disappearance of a child to law enforcement G.S. 14-318.5(b). Punishment. Class I felony. G.S. 14-318.5(b). Notes. “Child.” A child is a person less than 16 years old. G.S. 14-318.5(a)(1). “Disappearance of a child.” A disappearance of a child occurs when the parent or person providing supervision does not know the child’s location and has not had contact with the child for 24 hours. G.S. 14-318.5(a)(2). Exceptions. The offense does not apply if G.S. 110-102.1 “is applicable.” G.S. 14-318.5(d). As amended by S.L. 2013-52, G.S. 110-102.1 states that child care facility operators, staff, and specified others must immediately report a missing child to law enforcement upon learning that a child under 16 and in their care is missing. If a child is absent from school, a teacher is not required to report the absence to law enforcement if the teacher reports the absence pursuant to G.S. Ch. 115C Art. 26. [...]
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