State v. Gravelle - Pound Pup Legacy

{ 45} "(C) Exhibits evidence of any physical or mental injury or death, inflictedother than by accidental means, or an injury or death which is at variance with the historygiven of it. Except as provided in division (D) of this section, a child exhibiting evidenceof corporal punishment or other physical disciplinary measure by a parent, guardian,custodian, person having custody or control, or person in loco parentis of a child is not anabused child under this division if the measure is not prohibited under section 2919.22 ofthe Revised Code.{ 46} "(D) Because of the acts of his parents, guardian, or custodian, suffersphysical or mental injury that harms or threatens to harm the child's health or welfare.{ 47} "(E) Is subjected to out-of-home care child abuse."{ 48} R.C. 2919.22(E)(2)(a) makes R.C.2919.22(B)(1) a misdemeanor offense ofthe first degree unless the violation results in serious physical harm. In which case, theviolation is a felony of the second degree. R.C. 2919.22(E)(2)(d). Here, appellants wereconvicted of the misdemeanor offense of endangering children, child abuse, andtherefore, the state was not required to set forth evidence of "serious physical harm."Appellants argue that because R.C. 2151.03.1 refers to R.C. 2919.22, this indicates alegislative intent to require proof of serious physical harm everytime someone is chargedwith endangering children pursuant to R.C. 2919.22(B)(1). We reject this argumentnoting the well-established principle of statutory construction that a specific statute, inthis case R.C. 2919.22(B)(1), (E)(2)(a) and (d), prevails over a general statute, in thiscase, the blanket reference to R.C. 2919.22 in R.C. 2151.03. See, generally, State v.14.