Physical Child Abuse Penalties - National District Attorneys ...

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(5) Deleted by S.L. 1999-105, § 1, eff. Dec. 1, 1999. (6) Assaults a school employee or school volunteer when the employee or volunteer is discharging or attempting to discharge his or her duties as an employee or volunteer, or assaults a school employee or school volunteer as a result of the discharge or attempt to discharge that individual's duties as a school employee or school volunteer. For purposes of this subdivision, the following definitions shall apply: a. “Duties” means: 1. All activities on school property; 2. All activities, wherever occurring, during a school authorized event or the accompanying of students to or from that event; and 3. All activities relating to the operation of school transportation. b. “Employee” or “volunteer” means: 1. An employee of a local board of education; or a charter school authorized under G.S. 115C-238.29D, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes; 2. An independent contractor or an employee of an independent contractor of a local board of education, charter school authorized under G.S. 115C-238.29D, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, if the independent contractor carries out duties customarily performed by employees of the school; and 3. An adult who volunteers his or her services or presence at any school activity and is under the supervision of an individual listed in sub-sub-subdivision 1. or 2. of this subsubdivision. (7) Assaults a public transit operator, including a public employee or a private contractor employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties. (8) Assaults a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 74G, Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's duties. National Center for Prosecution of Child Abuse National District Attorneys Association http://www.ndaa.org/ncpca_state_statutes.html 130
(c1) No school personnel as defined in G.S. 14-33(c)(6) who takes reasonable actions in good faith to end a fight or altercation between students shall incur any civil or criminal liability as the result of those actions. (d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court. A person committing a second or subsequent violation of this subsection shall be sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court. The following definitions apply to this subsection: (1) “Personal relationship” is as defined in G.S. 50B-1(b). (2) “In the presence of a minor” means that the minor was in a position to have observed the assault. (3) “Minor” is any person under the age of 18 years who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault. N.C.G.S.A. § 14-318.4 (2013). Child abuse a felony (a) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class E felony, except as otherwise provided in subsection (a3) of this section. (a1) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the child is guilty of child abuse and shall be punished as a Class E felon. (a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon the child is guilty of a Class E felony. National Center for Prosecution of Child Abuse National District Attorneys Association http://www.ndaa.org/ncpca_state_statutes.html 131
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Statutory Compilation: Physical Chi
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KENTUCKY ..........................
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GEN.LAWS 1956, § 11-5-14.2 (2013).
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Department of Corrections, the sent
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(1) the defendant is convicted of t
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AS 12.55.086, the defendant is requ
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(B) if the offense is a first felon
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(C) if the offense is a second felo
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suffer physical injury or abuse or,
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B. If a person is convicted of a fe
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(1) Did not commit the battery or i
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(B) The terms of probation for offe
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parent or legal guardian shall not
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circumstances described in paragrap
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one another by the following presum
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5 One year imprisonment Three years
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other state, or the United States p
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ased on evidence in the record of t
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equired to sentence the defendant t
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(11) When it shall appear to the sa
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. Intentionally, knowingly or reckl
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(e) Where no minimum sentence is re
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acts toward the child for any valid
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3. Except as provided in subparagra
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e. Carjacking; f. Home-invasion rob
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attorney must explain the sentencin
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(b) Where the police officer has re
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ordered domestic violence intervent
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attered is on or about a public way
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volunteer, person summoned by a pol
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Aggravated battery as defined in su
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(k) ELECTRONIC HOME DETENTION. See
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(i) is at least eighteen (18) years
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(B) satisfied any other obligation
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h. Knowingly allows a person custod
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church or religious denomination, f
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postincarceration supervision, if a
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C. The defendant was the parent, fo
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4-B. If the State pleads and proves
Page 79 and 80: (2) The court finds that: (a) Delet
Page 81 and 82: (ii) starvation; or (iii) physical
Page 83 and 84: MICHIGAN MICH. COMP. LAWS § 750.13
Page 85 and 86: MINNESOTA MINN. STAT. § 609.377 (2
Page 87 and 88: shall preclude any person from havi
Page 89 and 90: (vi) Use any type of deadly weapon
Page 91 and 92: (* * * 7) In any proceeding resulti
Page 93 and 94: (2) The child is less than fourteen
Page 95 and 96: (b) negligently causes bodily injur
Page 97 and 98: (5) In addition to any sentence imp
Page 99 and 100: Minimum--twenty years imprisonment
Page 101 and 102: Maximum--sixty days imprisonment an
Page 103 and 104: (16) Person shall mean any natural
Page 105 and 106: the state prison for life with the
Page 107 and 108: (e) A category E felony is a felony
Page 109 and 110: imprisonment in excess of one year;
Page 111 and 112: RSA 651:2, IV(a), the court shall r
Page 113 and 114: defense that the actor did not know
Page 115 and 116: (4) A lesser sentence will deprecia
Page 117 and 118: c. (1) A plea of guilty by a defend
Page 119 and 120: or second degree, such sentence sha
Page 121 and 122: N. M. S. A. § 31-18-15 (2013). Sen
Page 123 and 124: F. When the court imposes a sentenc
Page 125 and 126: 9. Being eighteen years old or more
Page 127 and 128: (i) For a class A-I felony, such mi
Page 129: N.C.G.S.A. § 14-33 (2013). Misdeme
Page 133 and 134: (b) Fines.--Any judgment that inclu
Page 135 and 136: 6-8 8-10 10-12 11-14 15-19 20-25 Ag
Page 137 and 138: (f) Maximum Sentences Specified for
Page 139 and 140: OHIO R.C. § 2919.22 (2013). Endang
Page 141 and 142: (b) “Nudity-oriented matter” me
Page 143 and 144: (5) If the offender violates divisi
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Page 147 and 148: (3) “Methamphetamine” has the s
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Page 151 and 152: ecidivism outweigh the applicable f
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Page 157 and 158: 2903.06 of the Revised Code pursuan
Page 159 and 160: additional two years consecutively
Page 161 and 162: Dollars ($500.00) nor more than Fiv
Page 163 and 164: person sentenced to imprisonment fo
Page 165 and 166: (F) Leaves the dependent person or
Page 167 and 168: (3) attempts to cause or intentiona
Page 169 and 170: (24) A constable. (25) A deputy con
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Page 173 and 174: (e) Any person who commits first de
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Page 179 and 180: No arrest warrant or summons shall
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(C) Two hundred fifty thousand doll
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(3) “Disabled individual” means
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(i) was a victim of family violence
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(c) “Child abuse” means any off
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(4) A person who commits child aban
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(ii) any person, corporation, or pu
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(a) For Class 1 felonies, death, if
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(b) Assaults a person employed as a
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West's RCWA 9A.20.021 (2013). Maxim
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(11) “Sexual intrusion” means s
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(c) Class C felony. (d) Class D fel
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(i) “A person responsible for a c
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