Physical Child Abuse Penalties - National District Attorneys ...

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(h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both. (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both. WYOMING W.S.1977 § 6-2-503 (2013). Child abuse; penalty (a) A person who is not responsible for a child's welfare as defined by W.S. 14-3- 202(a)(i), is guilty of child abuse, a felony punishable by imprisonment for not more than five (5) years, if: (i) The actor is an adult or is at least six (6) years older than the victim; and (ii) The actor intentionally or recklessly inflicts upon a child under the age of sixteen (16) years: (A) Physical injury as defined in W.S. 14-3-202(a)(ii)(B); or (B) Mental injury as defined in W.S. 14-3-202(a)(ii)(A). (b) A person is guilty of child abuse, a felony punishable by imprisonment for not more than five (5) years, if a person responsible for a child's welfare as defined in W.S. 14-3- 202(a)(i) intentionally or recklessly inflicts upon a child under the age of eighteen (18) years: (i) Physical injury as defined in W.S. 14-3-202(a)(ii)(B), excluding reasonable corporal punishment; or (ii) Mental injury as defined in W.S. 14-3-202(a)(ii)(A). (c) Aggravated child abuse is a felony punishable by imprisonment for not more than twenty-five (25) years if in the course of committing the crime of child abuse, as defined in subsection (a) or (b) of this section, the person intentionally or recklessly inflicts serious bodily injury upon the victim. W.S.1977 § 14-3-202 (2013). Definitions (a) As used in W.S. 14-3-201 through 14-3-216: National Center for Prosecution of Child Abuse National District Attorneys Association http://www.ndaa.org/ncpca_state_statutes.html 202
(i) “A person responsible for a child's welfare” includes the child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child; (ii) “Abuse” means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14-11-101 through 14-11-109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law: (A) “Mental injury” means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture; (B) “Physical injury” means any harm to a child including but not limited to disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition; (C) “Substantial risk” means a strong possibility as contrasted with a remote or insignificant possibility; (D) “Imminent danger” includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury. “Imminent danger” includes violation of W.S. 31-5-233(m). (iii) “Child” means any person under the age of eighteen (18); (iv) “Child protective agency” means the field or regional offices of the department of family services; (v) “Court proceedings” means child protective proceedings which have as their purpose the protection of a child through an adjudication of whether the child is abused or neglected, and the making of an appropriate order of disposition; (vi) “Institutional child abuse and neglect” means situations of child abuse or neglect where a foster home or other public or private residential home, institution or agency is responsible for the child's welfare; National Center for Prosecution of Child Abuse National District Attorneys Association http://www.ndaa.org/ncpca_state_statutes.html 203
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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
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(2) The court finds that: (a) Delet
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(ii) starvation; or (iii) physical
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MICHIGAN MICH. COMP. LAWS § 750.13
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MINNESOTA MINN. STAT. § 609.377 (2
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shall preclude any person from havi
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(vi) Use any type of deadly weapon
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(* * * 7) In any proceeding resulti
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(2) The child is less than fourteen
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(b) negligently causes bodily injur
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(5) In addition to any sentence imp
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Minimum--twenty years imprisonment
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Maximum--sixty days imprisonment an
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(16) Person shall mean any natural
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the state prison for life with the
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(e) A category E felony is a felony
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imprisonment in excess of one year;
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RSA 651:2, IV(a), the court shall r
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defense that the actor did not know
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(4) A lesser sentence will deprecia
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c. (1) A plea of guilty by a defend
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or second degree, such sentence sha
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N. M. S. A. § 31-18-15 (2013). Sen
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F. When the court imposes a sentenc
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9. Being eighteen years old or more
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(i) For a class A-I felony, such mi
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N.C.G.S.A. § 14-33 (2013). Misdeme
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(c1) No school personnel as defined
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(b) Fines.--Any judgment that inclu
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6-8 8-10 10-12 11-14 15-19 20-25 Ag
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(f) Maximum Sentences Specified for
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OHIO R.C. § 2919.22 (2013). Endang
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(b) “Nudity-oriented matter” me
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(5) If the offender violates divisi
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under the sentence or term that was
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(3) “Methamphetamine” has the s
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section 2941.1411 of the Revised Co
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Page 181 and 182: (C) Two hundred fifty thousand doll
Page 183 and 184: (3) “Disabled individual” means
Page 185 and 186: (i) was a victim of family violence
Page 187 and 188: (c) “Child abuse” means any off
Page 189 and 190: (4) A person who commits child aban
Page 191 and 192: (ii) any person, corporation, or pu
Page 193 and 194: (a) For Class 1 felonies, death, if
Page 195 and 196: (b) Assaults a person employed as a
Page 197 and 198: West's RCWA 9A.20.021 (2013). Maxim
Page 199 and 200: (11) “Sexual intrusion” means s
Page 201: (c) Class C felony. (d) Class D fel
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