by Percy Sun Apr 18, 2010 4:16 pm
Scott wrote:[You must be registered and logged in to see this link.]This is the searchable database for the code of Virginia. I am not an attorney but I could not find anything in there that provided a duty to report a crime. It would obviously be the right thing to do I am just not convinced there was a legal obligation there and without the legal obligation I am not sure how the Commonwealth pursues this case.
I reviewed the statue for "accessory after the fact" as well and it does not seem to fit either. Merely having evidence of the crime does not necessarily mean the individual receiving the pictures did anything to assist Sam.
This of course all assumes that pictures were sent out and I am not convinced at this point that they were.
Its difficult to speak with any authority on the matter without knowing all the facts but depending on what the pics showed, for example, Emma was a minor, if there were pics of her naked corpse for example, that could result in an attempt to prosecute, not that it would stick. Also, if those who recieved those photos in turn sent them to others, that could be a problem.
Further, keep in mind if any of these characters were questioned by police about prior knowledge and denied it and then the authorities found out they had pics, they would absolutely be prosecuted.
Again, without all the facts we do not know what they can or cannot or will or will not pursue.
Also, I am not entirely certain state law applies here, this could fall in to Federal jurisdiction since those who possibly recieved said photos reside in different states.
I am not a Federal attorney but I do know that under Federal law one does have an obligation to report (Federal) felonies of which one has knowledge. So far as I know, no state has anything equivalent.
Last edited by Gonzo on Sun Apr 18, 2010 4:27 pm; edited 3 times in total