568.060. Abuse or neglect of a child, penalty.
Hurting or failing to care for a child is a serious crime
This law makes it a crime to abuse or neglect a child under 18, including physical, mental, or sexual harm, or not providing basic care when it puts the child at serious risk.
1. Key definitions:
- “Abuse” means causing physical, sexual, or mental harm to a child (not including accidents or reasonable discipline).
- “Abusive head trauma” means serious brain or head injury caused by shaking, hitting, or similar actions.
- “Mental injury” means emotional or mental harm that seriously affects how a child acts or functions.
- “Neglect” means not giving proper care, putting a child at risk of serious harm or injury.
- “Physical injury” means pain, illness, or harm to the body, like bruises or broken bones.
- “Serious emotional injury” means emotional harm likely to cause long-term damage, proven by expert testimony.
- “Serious physical injury” means injury that could cause death or long-term harm to the body.
2. It’s a crime to knowingly hurt or risk hurting a child under 18 through abuse or neglect.
3. It’s also a crime to recklessly cause abusive head trauma to a child under 18.
4. Letting someone safely give up a child to emergency services is not considered abuse or neglect under this law.
5. Penalties:
- Class D felony (no probation/parole for at least 1 year), unless it’s a repeat offense or causes serious injury, then it’s a Class B felony (minimum 5 years).
- Class A felony if the child dies due to the abuse or neglect.
6. Even without death, it’s a Class A felony (minimum 15 years, no parole) if:
- The child is under 14,
- The harm is serious, and
- The abuse was sexual in nature or involved sexual exploitation.
7. Prosecutors may refer suspected abusers for counseling or treatment if an agency agrees to accept them.
8. All criminal charges must still be proven beyond a reasonable doubt.
9. Reasonable discipline (like spanking) is not considered abuse under this law.
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