I live in California. I was walking home late at night and as I walked up the street I could see a guy with getting jacked up by 3-4 guys. One of them saw my shadow moving up the street and they ran off in the opposite direction. None of them could see who I was. I know those guys and they’re dangerous so I didn’t want to get involved at all. I turned around and went back the way I came – I didn’t call 911, didn’t not check on the guy who got mugged. It’s now gotten back to me that the guy had to be put in the hospital, and someone who knows me looked out the window and saw me when I stopped, turned around and left. Now the police are looking for me. I think California has a law saying people have to be good samaritans – am I going to be arrested for leaving the scene of a crime without reporting it or helping the victim?
Answer:
No – that is not the purpose of California’s “good samaritan” law, which is not a penal law. Rather, California Health and Safety Code section 1799.102 – commonly referred to as the “good samaritan” law – was enacted to protect laypersons who choose to render emergency aid: “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered.” However, in December 2008, the California Supreme Court limited the statutory protections by holding that good samaritans are only protected from civil lawsuits if they are providing medical assistance at the time their actions inadvertently or negligently cause the victim further injury.
There is no criminal liability for failing to report a crime or provide assistance to a crime victim. You should consult with a civil attorney, not a criminal defense attorney, if the police track you down and use inappropriate methods (i.e., threats of arrest or violence, harassment, intimidation, etc.) to try to force you to give a statement about the mugging, view a line-up, etc. The attorney can help you identify appropriate forums for formal written complaints against the involved officers and determine if their actions have violated state and/or federal civil rights statutes.
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Posted by Jamilla Moore on 11 Feb 2010