CONCEALMENT OF BIRTH OR DEATH
The crime of refusing to disclose the birth or death of a newborn child.
The offense is entirely statutory in nature,
and state laws differ on its elements. In some
jurisdictions the essence of the offense is the
deliberate concealment of the birth; in others it
is the willful concealment of the death. Intent to
conceal the birth or death must be proven in
order to obtain a conviction.
The concealment must be accomplished in
such a manner as to prevent ascertainment of
whether the child was stillborn or was born alive
and died as a result of a HOMICIDE. There is no
requirement that every other person be deprived
of the knowledge of the birth or death of the
child. The crime is still actionable when another
person participates in withholding the informa-
tion. Failure to provide notice of the birth of an
infant who later dies does not constitute a con-
cealment, however.
Evidence of stillbirth has been held to entitle
an accused to an acquittal under some statutes.
Under others it is essential to prove the live birth
of the child. And in some states the offense can
be committed regardless of whether there was
stillbirth or live birth. ILLEGITIMACY is a neces-
sary element of the offense in a majority of juris-
dictions, based on the supposition that
concealment is generally perpetrated only by
those individuals wishing to conceal or destroy proof of the birth.
