A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report, and the person is mentally retarded and resides in a state supported living center and the actor knew that the child suffered serious bodily injury as a result of the abuse or neglect OR intends to conceal the abuse or neglect. What is the offense level?

• A. State Jail Felony
• B. Class A Misdemeanor
• C. Felony 3rd Degree
• D. Class B Misdemeanor

Answer: (A)

The key idea is how aggravating knowledge changes the reporting offense. In Texas, a person who is required to report child abuse or neglect normally faces a misdemeanor, but if the person knowingly fails to report and either knows the child suffered serious bodily injury as a result of the abuse or neglect, or intends to conceal the abuse or neglect, the offense rises to a state jail felony.

So in this scenario, the actor’s knowledge that the child suffered serious bodily injury or the intent to conceal the abuse elevates the crime from a standard reporting failure to a state jail felony. A state jail felony carries about 180 days to 2 years in a state jail, with possible fines up to $10,000. The fact that the offender is living in a state-supported living center and is mentally retarded contributes context but the decisive factor is the knowledge of serious injury or concealment, which makes the offense a state jail felony.