PC §104(B) - SEVERE CHILD ABUSE
CLASS F FELONY
(a) Definition
Severe child abuse is defined as the intentional or reckless infliction of severe physical, emotional, or sexual harm upon a child between the ages of 16 to 17 years old resulting in serious bodily injury, permanent disfigurement, or mental anguish.
(b) Elements of the Offense
To prove severe child abuse, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant inflicted severe physical, emotional, or sexual harm upon a child.
The child was between the ages of 16 to 17 years old.
The harm resulted in serious bodily injury, permanent disfigurement, or mental anguish to the child.
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 severe child abuse may include, but are not limited to:
Lack of intent: The defendant did not intend to cause severe harm to the child.
Lack of knowledge: The defendant was not aware of the severity of the harm inflicted upon the child.
Mistaken identity: The defendant was not the person responsible for the harm inflicted upon the child.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for severe child abuse or other violent offenses.
Abuse of a particularly vulnerable child, such as an infant or disabled child.
Abuse committed by a caregiver, guardian, or person in a position of trust or authority over the 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
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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