Child Abuse

 

Child Abuse-

There are different criminal charges related to child abuse.

  1. Assault causing death to a child is committed when a person had care or custody of a child who is under the age of 8 and the person did an act that by its nature would directly and probably result in the application of force to the child and the person did the act willfully and the force used was likely to produce great bodily injury and when the person acted, he or she was aware of facts that would lead a reasonable person to realize that his or her act by its nature would directly and probably result in great bodily injury to the child and when the person acted, he or she had the present ability to apply force likely to produce great bodily injury to the child and the person’s act caused the child’s death and when the person acted, he or she was not reasonably disciplining a child.

This crime is a felony.

  1. Child abuse likely to produce great bodily harm or death is committed when a person willfully inflicted unjustifiable physical pain or mental suffering on a child (under the age of 18 years) or willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering or while having care or custody of a child, willfully caused or permitted the child’s person or health to be injured or while having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health might have been endangered and the person inflicted pain or suffering on the child or caused or permitted the child to suffer or be injured or be endangered under circumstances or conditions likely to produce great bodily harm or death and the person did not act while reasonably disciplining a child.  If it is alleged the person willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering or while having care or custody of a child, willfully caused or permitted the child’s person or health to be injured or the child to be placed in a situation where the child’s person or health might have been in endangered, the prosecution must also prove that the person was criminally negligent when he or she caused or permitted the child to suffer or be injured or be endangered.

This crime can be a felony or a misdemeanor.

  1. Inflicting physical punishment on a child is committed when a person willfully inflicted cruel or inhuman physical punishment and/or an injury on a child (under the age of 18 years) and the punishment and/or injury inflicted by the person caused a traumatic physical condition to the child and when the person acted, he or she was not reasonably disciplining a child.

This crime can be a felony or a misdemeanor.

  1. Child abuse is committed when a person willfully inflicted unjustifiable physical pain or mental suffering on a child (under the age of 18 years) or willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering or while having care or custody of a child, willfully caused or permitted the child’s person or health to be injured or while having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health might have been endangered and the defendant did not act while reasonably disciplining a child.  If it is alleged the person willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering or while having care or custody of a child, willfully caused or permitted the child’s person or health to be injured or permitted the child to be placed in a situation where the child’s person or health might have been endangered, the prosecutor must also prove the person was criminally negligent when her or she caused or permitted the child to suffer or be injured or be endangered.

This crime is a misdemeanor.