While parenting can be difficult, however, there is no legal right to abuse one’s offspring. Findings of child abuse are not taken lightly in the eye of the law. California Penal Code §273d(a) lays out the laws surrounding child abuse.
This article defines child abuse and child neglect and explores the penalties for both.
What is considered child abuse?
Child Abuse pc 273d(a) falls under the category of domestic violence. It is the intentional infliction of harm in a cruel or inhuman manner that leads to injury without a legal excuse.
The injury left a mark or was harming the child by causing them bodily trauma. Examples of child abuse include violently shaking a baby (this can cause shaken baby syndrome) or throwing a child against a hard surface.
It is important to note that a quick slap to a child’s wrist when they do something wrong or potentially dangerous is not necessarily considered to be child abuse. This can be considered to be a reasonable disciplinary measure which is a legal excuse. The jury will decide whether the action taken by the parent was considered to be reasonable discipline or child abuse.
Penalties for child abuse.
Child abuse is considered to be a misdemeanor and a felony.
The defendant will receive up to six(6) years in prison (felony) or up to a year in jail (misdemeanor) as well as a fine of up to $6,000.00 (felony and misdemeanor).
If the crime is considered to be a misdemeanor, California courts can also grant a minimum of thirty-six (36) months probation as well as other actions that can protect the child from the defendant. Attending counseling can also be included as part of the penalty or as part of the probation requirement.
If the influence of alcohol or drugs is an aspect of child abuse, the courts may require that the defendant be tested periodically to ensure that the defendant has abstained from either or both substances.
What is child neglect| PC 270?
Parents are responsible for caring for their children. This does not mean that a parent who does not provide their child with the newest tablet is breaking the law. However, not providing the child with “clothing, food, shelter or medical attendance, or other remedial care for his or her child” (California Penal Code 270 pc) is considered to be general child neglect.
An example of this type of neglect is not seeking medical attention for a deep cut or a broken body part.
In addition, the courts do not need to look further if the parent or guardian who abandons their child considers the parent to have neglected the child. The crime does not need further proof at that point.
Child neglect can be either a misdemeanor or a felony. The crime carries a fine of up to $2,000.00 as well as jail time of up to one year.
Sexual abuse and exploitation refer to the child being exploited and or abused in a sexual and/or degrading manner.
As a felony, this crime can receive a sentence of up to sixteen(16) years in prison. The defendant will also need to register with the sex offender registry.
Emotional abuse is when the child exhibits mental health deterioration due to parental neglect.
The statute of limitations on child abuse
There is no statute of limitations for child abuse to start a criminal case.
However, once the child turns eighteen, the new adult can only file a child abuse lawsuit with California within the next two years. The suit can be brought earlier, but the child can bring the suit once they are no longer a minor. Lawsuits are tried in civil court where the formerly abused child is seeking a monetary remedy.
Defenses against California Penal Code §273d(a).
Just because there is a physical mark on a child does not automatically mean that the child has experienced abuse. Our justice system allows parents to explain what led to the physical harm to their child. Below are two defenses against a charge of child abuse.
- Accidents happen: For child abuse the parent to be intentional about causing the abuse.
For example, if a parent is throwing a ball at a child with the intention that the child will catch the ball and the child gets hit in the face with it, this is not considered to be child abuse. It was an accident. A parent can defend their action in court with this defense. - It was a disciplinary action, but viewed as abuse: Every parent has a different methodology of how to parent their child or children.
What may be reasonable to one may be viewed as abuse by another who is not privy to the situation. In such a case, the person who reports the “abuse” may have unintentionally reported false information. The parent can argue that their parenting was not a form of abuse but was a reasonable form of discipline.
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