§ 136.04 FAILURE TO REPORT A CRIME.
   (A)   (1)   Except as provided in division (A)(2) of this section, no person, knowing that a felony has been or is being committed, shall knowingly fail to report the information to law enforcement authorities.
      (2)   No person, knowing that a violation of R.C. § 2913.04(B) has been or is being committed or that the person has received information derived from such a violation, shall knowingly fail to report the violation to law enforcement authorities.
   (B)   Except for conditions that are within the scope of division (E) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
   (C)   No person who discovers the body or acquires the first knowledge of the death of a person shall fail to report the death immediately to a physician or advanced practice registered nurse whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, an ambulance service, an emergency squad, or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred, or knowledge concerning the death is obtained. For purposes of this division, “advanced practice registered nurse” does not include a certified registered nurse anesthetist.
   (D)   No person shall fail to provide upon request of the person to whom the person has made a report required by division (C) of this section, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within the person's knowledge that may have a bearing on the investigation of the death.
   (E)   Division (A) or (D) of this section does not require disclosure of information, when any of the following applies:
      (1)   The information is privileged by reason of the relationship between attorney and client; physician and patient; advanced practice registered nurse and patient; licensed psychologist or licensed school psychologist and client; licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, or marriage and family therapist and client; member of the clergy, rabbi, minister, or priest and any person communicating information confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call.
      (2)   The information would tend to incriminate a member of the actor's immediate family.
      (3)   Disclosure of the information would amount to revealing a news source, privileged under R.C. §§ 2739.04 or 2739.12.
      (4)   Disclosure of the information would amount to disclosure by a member of the ordained clergy of an organized religious body of a confidential communication made to that member of the clergy in that member's capacity as a member of the clergy by a person seeking the aid or counsel of that member of the clergy.
      (5)   Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program of treatment or services for persons with drug dependencies or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency, or community addiction services provider whose alcohol and drug addiction services are certified pursuant to R.C. § 5119.36.
      (6)   Disclosure would amount to revealing information acquired by the actor in the course of the actor's duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of R.C. § 2907.02 or R.C. § 2907.05 or to victims of felonious sexual penetration in violation of former R.C. § 2907.12. As used in this division, COUNSELING SERVICES include services provided in an informal setting by a person who, by education or experience, is competent to provide those services.
   (F)   No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
   (G)   Whoever violates division (A) or (B) of this section is guilty of failure to report a crime. Violation of division (A)(1) of this section is a misdemeanor of the fourth degree. Violation of division (A)(2) or (B) of this section is a misdemeanor of the second degree.
   (H)   Whoever violates division (C) or (D) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
   (I)   As used in this section, NURSE includes an advanced practice registered nurse, registered nurse, and licensed practical nurse.
(R.C. § 2921.22) (Ord. 37-1975, passed 10-28-75) Penalty, see § 130.99