Legal Definitions - crime of omission

A crime of omission occurs when an individual is legally required to perform a specific action but fails to do so, and that failure results in a prohibited outcome or harm. Unlike most crimes, which involve actively *doing* something wrong (a crime of commission), a crime of omission is about *not doing* something that a person had a legal duty to do. This legal duty can arise from various sources, such as statutes, contracts, or special relationships.

Here are some examples illustrating a crime of omission:

• Failure to Report Child Abuse: Many jurisdictions have laws requiring certain professionals, such as teachers, doctors, or social workers, to report suspected child abuse or neglect to the authorities. If a teacher observes clear signs of physical abuse on a student but intentionally chooses not to report it, and the child subsequently suffers further harm that could have been prevented by the report, the teacher could be charged with a crime of omission. Their legal duty, established by statute, was to report the abuse, and their failure to act contributed to the child's continued endangerment.
• Negligent Caretaker: Imagine an elderly person who requires constant medical supervision and assistance with daily tasks. Their adult child, who has legally agreed to be their primary caregiver and receives compensation for this role, fails to administer prescribed medication for several days, leading to a severe decline in the elderly person's health and requiring emergency hospitalization. The adult child had a legal and contractual duty to provide proper care, and their omission (failure to give medication) directly caused harm, potentially leading to charges of neglect or endangerment.
• Lifeguard's Dereliction of Duty: A certified lifeguard is on duty at a public swimming pool, responsible for the safety of swimmers. While distracted by their phone, they fail to notice a swimmer struggling and eventually drowning. The lifeguard had a clear professional and contractual duty to monitor the pool and intervene in emergencies. Their failure to perform this duty, which directly resulted in the swimmer's death, could constitute a crime of omission, such as negligent homicide, because they failed to act when legally obligated to do so.