As Sam has pointed out, Arizona has a similar statute and I was told at the academy that it is nearly unenforceable and none of the staffers recall ever using it or knowing of its being charged.
When I was an instructor at the academy, I informed the class that I had never seen it applied and it is likely to never be successfully prosecuted.
An offense and the failure to act would have to be so egregious and shocking that it would offend the jurors weighing the case.
Dear God, this is one of the dumbest ideas I've ever heard. It's got to rank right up there with CALEA. -Pepper45
Bastard! - TBO