Child Abuse Laws

Recognizing the importance of protecting children, states may impose stiff penalties for child abuse. A conviction also may result in collateral consequences. For example, a parent might face the loss or reduction of their rights to a child. Someone convicted of child abuse might not be able to hold certain jobs. If you have been accused of this type of crime, you should consult a lawyer even if you have not been charged. You also should refrain from talking to law enforcement about your situation in the meantime.

What Is Child Abuse?

Child abuse may involve physical, mental, or emotional mistreatment of a child. States usually prohibit child neglect as well.

Elements of Child Abuse

To get a conviction of child abuse, a prosecutor will need to prove that the defendant engaged in conduct within the scope of the applicable statute. This may extend beyond physical abuse to mental or emotional abuse. For example, Florida and Missouri explicitly include “mental injury” in their definitions of child abuse. Sexual abuse of a child may fall within a general child abuse law, although it is often prosecuted as a specific type of sex crime, such as child molestation.

A parent or guardian also may face a charge based on child neglect, which is usually a more passive behavior. Neglect may occur when a child does not get the basic care and attention needed to maintain their health and wellbeing. For example, California defines child neglect as a failure to furnish necessary clothing, food, shelter, medical attendance, or other remedial care for a child. Some states include neglect in the main child abuse statute, while others address it separately.

In addition, the prosecutor must prove a mental state element, which varies by state and sometimes by the type of conduct. For example, Florida requires knowledge or “willfulness” (intent) for child abuse, but a child neglect conviction may be based on “culpable negligence.” The Florida Supreme Court has defined this mental state as reckless indifference or a grossly careless disregard for the safety of others. On the other hand, California requires willfulness for both abuse and neglect. The Texas law prohibiting injury to a child requires intent, knowledge, or recklessness when a charge is based on an “omission” (failing to do something), but criminal negligence is enough when a charge is based on an act.

Examples of Child Abuse

Phil babysits a toddler and gets angry when the child refuses to obey him. Phil punches the child in the head, causing a concussion.

In another scenario, Penelope goes for a two-week vacation with her boyfriend. She leaves her five-year-old child alone in their apartment with only a small amount of food and no plans for caregiving during her absence.

Offenses Related to Child Abuse

Some offenses that could be charged in situations similar to those supporting child abuse charges include:

• Assault or battery: intentionally putting someone in reasonable fear of immediate harm, or causing harmful or offensive contact
• Domestic violence: a variety of violent crimes perpetrated against someone in a particular relationship with the defendant, such as a spouse or romantic partner
• Child molestation: sexual touching or other sexual activities directed toward a child
• Statutory rape: sex with a child under the age of consent
• Incest: sex between close relatives, including parents and children

A defendant might face multiple charges based on the same sequence of events. This could result in negotiations to resolve the case with a combination of guilty pleas and dismissals.

Defenses to Child Abuse

One of the most common defenses to child abuse is that the injury had an accidental or innocent cause. Children can get cuts or bruises for a host of reasons, many of which a parent or another caregiver could not have prevented. Perhaps a child hit their head in a playground or tripped on uneven pavement and banged their knee.

Sometimes a child abuse charge arises from an unwarranted report or a false accusation. A mandated reporter may have contacted law enforcement due to misinterpreting an incident that they witnessed or something that a child said. A parent in a custody dispute may accuse the other parent of child abuse to get an advantage in the proceedings. Or perhaps someone acted on a grudge against the defendant, knowing the harm that this accusation can cause.

A parent facing a child abuse charge might argue that they were exercising their right to discipline the child. However, a parent may discipline a child only within reason, and excessive measures may be considered child abuse. Determining whether this defense applies may require a very fact-specific analysis.

Penalties for Child Abuse

Sentences for these crimes vary widely and may be influenced by a combination of factors, such as the degree of harm caused, the severity of the risk, and the culpability of the defendant. For example, child abuse or neglect in Florida generally carries up to five years of imprisonment. Child neglect causing great bodily harm carries up to 15 years, however, while child abuse causing great bodily harm carries up to 30 years.

The Texas law prohibiting injury to a child (which applies to children 14 or younger) generally makes this offense a third-degree felony if the prosecutor can prove intent or knowledge, or a state jail felony if the prosecutor can prove recklessness or criminal negligence. A third-degree felony carries 2-10 years of imprisonment, while a state jail felony carries 180 days to two years. However, if the prosecutor can prove intent or knowledge, and the defendant caused a serious physical or mental injury, this is a first-degree felony. If the defendant was reckless in causing a serious physical or mental injury, this is a second-degree felony. A first-degree felony carries 5-99 years or life imprisonment, while a second-degree felony carries 2-20 years.

Meanwhile, California takes a somewhat simpler approach. The main child abuse offense, described in Penal Code Section 273d, may result in up to one year in jail, or two, four, or six years in prison. Child neglect under Penal Code Section 270 is almost always a misdemeanor carrying up to one year in jail.

Last reviewed August 2024