The provisions of the bill addressing felony sanctions are the subject of this analysis.  Under the provisions of the bill, the list of behaviors for the prosecution of this offense would be expanded, and the punishment would be a state jail felony with the punishment level increasing in severity depending upon the circumstances of the offense. Under existing statute, failure to stop or report aggravated sexual assault of a child is punishable by a Class A misdemeanor.

A second degree felony is punishable by confinement in prison for a term of 2 to 20 years, a third degree felony is punishable by confinement in prison for a term of 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment.  In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. 
 
Increasing the penalty and expanding the list of behaviors for the prosecution of any offense is expected to result in additional demands upon the correctional resources of the counties or of the state due an increase in the number of people being placed under supervision in the community and being admitted to state correctional institutions.  In fiscal year 2018, 13 people were arrested and fewer than ten people were placed under community supervision for the offense of failure to stop or report aggravated sexual assault of a child. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.