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Child Abuse

Bart Kaspero Law > Child Abuse

CHILD ABUSE (PENAL CODE §§273D, 273A)

There are two types of child abuse: Child Abuse and Child Endangerment)

 

THE LAW OF CHILD ABUSE

To be prosecuted and convicted of Child Abuse, a person must willfully inflict cruel and in human injury on a child, where the injury causes the child to suffer a traumatic physical condition and the actions were not because of reasonable discipline of the child.

 

THE LAW OF CHILD ENDANGERMENT

To be prosecuted and convicted of Child Endangerment, a person must cause or permit a child to suffer unjustifiable pain or mental suffering where they willfully cause or permit a child in their care to be injured, or willfully causes or places that child to be put in a dangerous situation. What’s important to note is that no injury has to occur to the child.

 

PUNISHMENT FOR CHILD ABUSE/ENDANGERMENT

Both crimes can be charged as misdemeanors or felonies. Therefore, a person can be sent to jail for up to one year or in the case of a felony, anywhere from 2 to 6 years in prison if the crime is serious enough. This all of course depends on several factors including a person’s criminal history and the evidence shown that would warrant such a punishment.