Caylee's Law
Encyclopedia
Caylee's Law is the unofficial name for proposed bills
in several states that would make it a felony
for a parent
or legal guardian
to fail to report a missing child, in cases where the parent knew or should have known that the child was possibly in danger. The bill was introduced shortly after the high profile Casey Anthony trial, due to Anthony not reporting her two year old daughter Caylee Marie Anthony missing for a period of 31 days.
, and aggravated manslaughter
of a child on July 5, 2011. Immediately after the trial, support appeared for imposing requirements on parents to notify law enforcement of the death or disappearance of a child and make a parent or guardian's failure to report their child missing a felony. One petition has gained over 1,261,130 electronic signatures as of July 19, 2011. In response to this and other petitions, lawmakers of Florida
, Oklahoma
, New York
, North Carolina
, Ohio
and West Virginia
began drafting versions of "Caylee's Law".
and will mostly harm innocent parents. The laws as proposed do not distinguish the cause or place of death, so that a parent who loses a child due to a sudden illness in the hospital is still liable to report the death within 24 hours to the local police or face felony charges in addition to the sudden tragic loss of their child.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
in several states that would make it a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
for a parent
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
or legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
to fail to report a missing child, in cases where the parent knew or should have known that the child was possibly in danger. The bill was introduced shortly after the high profile Casey Anthony trial, due to Anthony not reporting her two year old daughter Caylee Marie Anthony missing for a period of 31 days.
History
The idea for the bill originated with protesters who disagreed with the jury's verdict in the case. Anthony was found not guilty of first degree murder, aggravated child abuseChild abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
, and aggravated manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
of a child on July 5, 2011. Immediately after the trial, support appeared for imposing requirements on parents to notify law enforcement of the death or disappearance of a child and make a parent or guardian's failure to report their child missing a felony. One petition has gained over 1,261,130 electronic signatures as of July 19, 2011. In response to this and other petitions, lawmakers of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
began drafting versions of "Caylee's Law".
Oklahoma
In Oklahoma a representative is planning on proposing a bill in 2012 that would require a child's parent or guardian to notify police of a child's death within 24 hours, and would also stipulate a time frame for notification of the disappearance of a young child.Florida
The bill in Florida was introduced by two Miami representatives on July 6, 2011 and would make it a felony if a parent or legal guardian fails to report a missing child under the age of 12 in timely manner if they could have known the child would be in danger.Opposition
Some oppose Caylee's Law, claiming it to be unconstitutional. Many claim it violates the 5th AmendmentFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and will mostly harm innocent parents. The laws as proposed do not distinguish the cause or place of death, so that a parent who loses a child due to a sudden illness in the hospital is still liable to report the death within 24 hours to the local police or face felony charges in addition to the sudden tragic loss of their child.