PC §104(A) - CHILD ABUSE
CLASS B MISDEMEANOR
(a) Definition
Child abuse is defined as the intentional or reckless infliction of physical, or emotional harm upon a child under the age of 16 to 17 years old, or the willful or negligent omission of care necessary for the child's health, welfare, or safety.
(b) Elements of the Offense
To prove child abuse, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant inflicted physical, emotional, or sexual harm upon a child or willfully or negligently omitted necessary care for the child's health, welfare, or safety.
The child was between the ages of 16-17 years old.
The defendant's actions were intentional, reckless, or willful and negligent.
The defendant's actions were unlawful and without legal justification or excuse.
(c) Defenses
Defenses to a charge of child abuse may include, but are not limited to:
Lack of intent: The defendant did not intend to harm the child.
Parental discipline: The defendant's actions were reasonable and consistent with parental discipline.
Accident: The harm to the child was the result of an unforeseen accident and not the result of the defendant's intentional or reckless actions.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for child abuse or other violent offenses.
Severe or lasting physical or emotional harm inflicted upon the child.
Abuse of a particularly vulnerable child, such as an infant or disabled child.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
80 SECONDS OF JAIL TIME.
BOND SET
$80,000.00
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