Trelawney worked at a day-care center run by the Happy Faces Day Care Corporation. At the the Happy Faces Day Care Corporation. At the center, one of the young charges, Smith, often arrived with bruises and welts on his back and legs. A statute in the jurisdiction requires all day-care workers to report to the police cases where there is probable cause to suspect child abuse and provides for immediate removal from the home of any suspected child abuse victims. Trelawney was not aware of this statute. Nevertheless, he did report Smith's condition to his supervisor, who advised him to keep quiet about it so the day-care center would not get into trouble for defaming a parent. About two weeks after Trelawney first noticed Smith's condition, Smith was beaten to death by his father. Trelawney has been charged with murder in the death of Smith. The evidence at trial disclosed, in addition to the above, that the child had been the victim of beatings by the father for some time, and that these earlier beatings had been responsible for the marks that Trelawney had seen. Smith's mother had been aware of the beatings but had not stopped them because she was herself afraid of Smith's father. Trelawney's best argument that he is NOT guilty of murder is guilty of murder is 
he was not aware of the duty-to-report statute. he lacked the mental state necessary to the commission of the crime. his omission was not the proximate cause of death. the day-care corporation, rather than Trelawney, was guilty of the omission, which was sanctioned by its supervisorylevel agent. 