A person who observes the commission of the crime of sexual battery and who:
(1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
(4) Would not be exposed to any threat of physical violence for seeking such assistance;
(5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and
(6) Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.