When can failure to act be a crime?

Answer 1

I believe some jurisdictions in the United States have anacted a "Good Samaritan Law". The law basically says that if you see someone in trouble and you don't help them, that could be a crime.

I have added a link for you to follow on a good article.

The good Samaritan act is not to criminalise failure to help but to prevent those that do help from being sued. Being sued, especially in the west, many see as a great danger when attempting to help someone.

Failing to reduce a known or perceived hazard, especially in the workplace, would be considered a crime.

Answer 2

There is a lot of variation here from state to state, but here are four general situations. (1) If there is a duty imposed by statute, e.g. failure to render aid at the scene of an accident or leaving the scene of an accident tends to be a crime in many states.

(2) Close Relationship - a mother tends to have a duty to act to help her child. This is the basis for child neglect crimes. This does not necessarily have to be familial.

(3) Contractual Duty - a good example of this is a daycare provider and a child. Daycare providers have an affirmative duty to protect the kids they are contracted to care for and there may be a crime by omission in these cases.

(4) Voluntary Undertaking - it might well be a crime to begin to help someone and then not follow through. You can't pick up an injured person purporting to take them to the hospital and then just dump them on the side of the road half way there.

Answer 3

If you are legally compelled to do something and don't do it, it can be criminal if you don't.

The most obvious example, failing to pay taxes. If you fail to pay your federal income taxes, you can be guilty of tax evasion.