Hospitality Business's legal responsibilty

[gaserv]

What is the name of your state (only U.S. law)? Texas
Is a hotel owner or manager required by law to report to authorities a felony that was committed on their property?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
Is a hotel owner or manager required by law to report to authorities a felony that was committed on their property?

Who are you in this situation?

 

[adjusterjack]

What is the name of your state (only U.S. law)? Texas
Is a hotel owner or manager required by law to report to authorities a felony that was committed on their property?

With limited exceptions (and this is not one of them) there is no obligation on anybody to report any crime to which they are a witness.

Now tell us what happened to you and why you are asking the question.

 

[gaserv]

With limited exceptions (and this is not one of them) there is no obligation on anybody to report any crime to which they are a witness.

Now tell us what happened to you and why you are asking the question.

I am a member of a RV/Condo resort that had an incident occur in mid August. A 14yr old girl came into the office with her adult aged sister to report that an individual in an upstairs condo (she was downstairs), had urinated off the balcony in her presence. She was visibly upset, and wanted to report it beings we are a member owned park, and the individual was a guest of a member. The office staff told the girl that there was nothing that they could do because that individual had already left the premises. The office staff refused to call law enforcement and the girls family said that we would be hearing from them.

 

[Zigner]

I am a member of a RV/Condo resort that had an incident occur in mid August. A 14yr old girl came into the office with her adult aged sister to report that an individual in an upstairs condo (she was downstairs), had urinated off the balcony in her presence. She was visibly upset, and wanted to report it beings we are a member owned park, and the individual was a guest of a member. The office staff told the girl that there was nothing that they could do because that individual had already left the premises. The office staff refused to call law enforcement and the girls family said that we would be hearing from them.

I think the staff made an EXTREMELY poor decision. Incredibly, stupendously poor. I suggest that you speak with corporate counsel to get them on board if this does blow up on you (et al).

 

[adjusterjack]

I am a member of a RV/Condo resort that had an incident occur in mid August. A 14yr old girl came into the office with her adult aged sister to report that an individual in an upstairs condo (she was downstairs), had urinated off the balcony in her presence. She was visibly upset, and wanted to report it beings we are a member owned park, and the individual was a guest of a member. The office staff told the girl that there was nothing that they could do because that individual had already left the premises. The office staff refused to call law enforcement and the girls family said that we would be hearing from them.

While it might be a good idea to have an official policy in place regarding complaints like this from a CYA standpoint but I don't think that the staff had any obligation to call the police as the complainant could have and should have called the police to the scene immediately upon witnessing the incident.

I also don't think there's any liability risk for the way it was handled.

 

[Zigner]

While it might be a good idea to have an official policy in place regarding complaints like this from a CYA standpoint but I don't think that the staff had any obligation to call the police as the complainant could have and should have called the police to the scene immediately upon witnessing the incident.

I also don't think there's any liability risk for the way it was handled.

The "complainant" was a 14 year old child that was trying to report a crime that was committed upon her. The staff interfered in that. The staff may, in fact, have more liability than you suspect.

 

[LdiJ]

The "complainant" was a 14 year old child that was trying to report a crime that was committed upon her. The staff interfered in that. The staff may, in fact, have more liability than you suspect.

How did the staff interfere? The staff did not stop the girl or her sister from calling the police. I think that the staff handled it poorly, but they really should have called the police themselves rather than expecting the staff to do it.

 

[Zigner]

How did the staff interfere? The staff did not stop the girl or her sister from calling the police. I think that the staff handled it poorly, but they really should have called the police themselves rather than expecting the staff to do it.

We aren't talking about an adult here - this is a 14 year old kid. They told her not to call. They refused to call and, I bet, they didn't allow her to call from there.

I'm not saying that the resort *will* be in trouble, rather that they are wise to have counsel close at hand if they *do* see trouble brewing.

 

[LdiJ]

We aren't talking about an adult here - this is a 14 year old kid. They told her not to call. They refused to call and, I bet, they didn't allow her to call from there.

I'm not saying that the resort *will* be in trouble, rather that they are wise to have counsel close at hand if they *do* see trouble brewing.

To quote the original post:

A 14yr old girl came into the office with her adult aged sister

I would have exactly the same reaction that you had otherwise. However she had an adult with her.

 

[quincy]

I am a member of a RV/Condo resort that had an incident occur in mid August. A 14yr old girl came into the office with her adult aged sister to report that an individual in an upstairs condo (she was downstairs), had urinated off the balcony in her presence. She was visibly upset, and wanted to report it beings we are a member owned park, and the individual was a guest of a member. The office staff told the girl that there was nothing that they could do because that individual had already left the premises. The office staff refused to call law enforcement and the girls family said that we would be hearing from them.

The adult-aged sister or someone in her family could have called authorities to report the incident. It was only the young girl who witnessed the guest urinating from the balcony. I do not see that this "failure to report" falls solely on the office staff.

Other than making a call to the police to inform the police that a minor residing in the resort witnessed an individual urinating off a balcony, and that the individual who was urinating was no longer on the premises, there was little the office staff could have done. The staff can now, however, notify the member who had the "leaking guest" that the guest exposed himself to a minor child and that the girl's family is naturally upset.

Unintentional indecent exposure (lack of intent, lack of sexual motivation) does not appear to be a felony offense in Texas. I would think the incident as described would more likely to be charged as disorderly conduct - if there are to be any charges at all.

 

[Zigner]

Fair enough - while I still think it's wise to at least give counsel a heads up, this may not be as big of a "deal" as I indicated earlier.

(nods to LdiJ and Q)

 

[gaserv]

The adult-aged sister or someone in her family could have called authorities to report the incident. It was only the young girl who witnessed the guest urinating from the balcony. I do not see that this "failure to report" falls solely on the office staff.

Other than making a call to the police to inform the police that a minor residing in the resort witnessed an individual urinating off a balcony, and that the individual who was urinating was no longer on the premises, there was little the office staff could have done. The staff can now, however, notify the member who had the "leaking guest" that the guest exposed himself to a minor child and that the girl's family is naturally upset.

Unintentional indecent exposure (lack of intent, lack of sexual motivation) does not appear to be a felony offense in Texas. I would think the incident as described would more likely to be charged as disorderly conduct - if there are to be any charges at all.

By Texas Penal Code, I know it is a second or third degree felony. I was a law enforcement officer back in the late 70's, and I am almost sure that for example if a crime was committed on a minor, take for example, a school, it was required by law to report the crime. I would assume that it should fall back on any situation that an adult has been contacted by a minor of a felony crime committed against them, should be mandated by law to report it. The president of our board, and the manager think otherwise, and as a member owner, I don't want to assume any liability. That is why I started this thread. Thanks

 

[Silverplum]

By Texas Penal Code, I know it is a second or third degree felony. I was a law enforcement officer back in the late 70's, and I am almost sure that for example if a crime was committed on a minor, take for example, a school, it was required by law to report the crime. I would assume that it should fall back on any situation that an adult has been contacted by a minor of a felony crime committed against them, should be mandated by law to report it. The president of our board, and the manager think otherwise, and as a member owner, I don't want to assume any liability. That is why I started this thread. Thanks

Well, then.

 

[quincy]

By Texas Penal Code, I know it is a second or third degree felony. I was a law enforcement officer back in the late 70's, and I am almost sure that for example if a crime was committed on a minor, take for example, a school, it was required by law to report the crime. I would assume that it should fall back on any situation that an adult has been contacted by a minor of a felony crime committed against them, should be mandated by law to report it. The president of our board, and the manager think otherwise, and as a member owner, I don't want to assume any liability. That is why I started this thread. Thanks

Here is a link to the Texas Penal Code, Title 5, Offenses Against the Person, Chapter 21, Sexual Offenses:

http://statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.21.htm

Please look at both Section 21.08, Indecent Exposure, and Section 21.11, Indecency with a Child.

Please notice the "intent to arouse or gratify" element common to both.

If you think you can show that someone who urinates off a balcony has the intent to arouse or gratify someone on a lower floor (that he may or may not have been aware of at the time) or was aroused or gratified by urinating off a balcony, then perhaps the fellow can be charged. It would be a Class B misdemeanor if convicted, not a felony.

Perhaps the law was different in the 70s?