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CURRENT STATE LAWS IN THE USA:
SENTENCES FOR CHILD ABUSE
By: Sandra Norman-Eady, Chief Attorney
You asked for a state-by-state comparison of the maximum sentences for child abuse crimes. Maximum prison sentences for child abuse vary by state with most states treating it as a felony, punishable by at least one year in prison. Connecticut's maximum punishment of up to one year in prison ranks near the bottom.
However, Connecticut does have separate statutes for child abandonment and risk of injury or impairing the morals of a minor.
These crimes carry stiffer penalties: up to five years and one to 10 years, respectively.
Many states create different levels of abuse depending on the severity of the inflicted harm or the victim's age.
Some states also address the failure of a parent or caretaker to protect a child from physical abuse inflicted by another.
We have attached OLR Report 97-R-0953 on state laws that penalize parents and caregivers who place their children in a situation where they could be harmed.
The definition of "child abuse" in criminal statutes varies greatly, though all states prohibit the physical maltreatment of children.
In some states the offense is a type of assault, while other states create a separate child abuse statute.
Where possible, we attempted to focus on state child abuse statutes rather than the more general assault statutes.
Most of the child abuse statutes apply to people who have some type of responsibility for a child, be it legal or otherwise.
For example, the laws typically cover parents, guardians, and people responsible for a child's care and custody whose conduct is knowing, willful, or reckless.
Table 1 shows child abuse crimes by state, including the District of Columbia, and the penalties for violations.
ALABAMA § 26-15-3 Torture, willfully abuse, cruelly beat, or otherwise maltreat a child under age 18. One to 10 years
ALASKA §11.41.220(a)(1) & (3) (1) Knowingly cause physical injury, which requires medical treatment, to a child under age 10 or (2) recklessly cause such injury to a child between the ages of 10 and 16.
Up to five years
ARIZONA §13-3623 Under circumstances likely to produce death or serious physical injury, cause a child to suffer physical injury or put him in a situation where he may be injured. Cause a child to suffer physical injury or put him in a situation where he may be injured but death or serious physical injury is not likely.
Intentional or knowing acts, up to five years; reckless, 3 ½ years; with criminal negligence, 2 ½ years. Intentional or knowing acts, up to 2½ years; reckless, 1½ years; with criminal negligence, 1 year
ARKANSAS § 5-13-201 § 5-13-202 Intentionally or knowingly and without legal justification, cause serious physical injury to someone he knows to be age 12 years or younger. Up to six years Intentionally or knowingly and without legal justification, cause physical injury to someone he knows to be 12 years old or younger. Five to 20 years
CALIFORNIA Pen. Code § 273a Pen. Code §237d Under circumstances or conditions likely to produce great bodily harm or death, willfully cause a child to suffer unjustifiable physical pain, mental suffering, or place him in a situation where his health is endangered. Up to six years in county jail Willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition. One year in county jail or up to six years in the state prison
COLORADO § 18-6-401 Injure a child under age 16 or engage in a pattern of conduct that results in maltreatment, lack or proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately causes the child's death or serious bodily injury. Three months to 12 years depending on the severity of the harm and the offender's state of mind
CONNECTICUT § 53-20 Maltreat, torture, overwork, cruelly or unlawfully punish, or willfully or negligently deprive a child under age 16 of necessary food, clothing, or shelter. Up to one year
DELAWARE § 11-1102 (1) Knowingly act in a manner likely to physically, mentally, or morally injure a child under age 18 or (2) neglect him. If the child (1) dies, up to five years; (2) suffers serious physical injury, up to two years; (3) is otherwise injured, up to one year
DISTRICT OF COLUMBIA § 22-901 Intentionally, knowingly, or recklessly injures a child under age 18 by torturing, beating, or otherwise maltreating him. (1) Intentionally, knowingly, or recklessly maltreat a child or engage in conduct that creates a grave risk of bodily injury, or (2) abandon him on any highway, street, field house, outhouse, or other place. Up to 10 years
FLORIDA § 827.03 Knowingly and willfully abuse a child without causing great bodily harm, permanent disability, or permanent disfigurement. Willfully torture, maliciously punish, or willfully cage a child or knowingly and willfully abuse a child thereby causing great bodily harm, permanent disability, or permanent disfigurement. Up to 30 years
GEORGIA § 16-5-70 Maliciously cause a child under age 18 cruel or excessive physical or mental pain. Five to 20 years
HAWAII § 709-906 Physically abuse a family member. Up to one year
IDAHO § 18-1501 (1) Under conditions likely to produce great bodily harm or death, willfully cause any child to suffer, or inflicts unjustifiable physical pain or mental suffering, or (2) injure a child under his care or custody or place him in a situation where he would be in danger. One to 10 years
ILLINOIS 720 § 5/12-4.3 Intentionally or knowingly, and without legal justification, cause great bodily harm or permanent disability or disfigurement to any child under age 13. Class X felony*
INDIANA § 35-42-2-1(a)(2)(B) and (a)(4) Knowingly and intentionally cause bodily injury to a person under age 14. A minimum of six years if the injury is serious and one year if it is not
IDAHO § 726.6 Uses unreasonable force, torture, or cruelty that results in physical injury or substantial mental or emotional harm. Up to 10 years depending on the severity of harm
KANSAS § 21-3609 Inflicts cruel and inhuman corporal punishment or intentionally tortures, cruelly beats, or shakes a child under age 18 causing great bodily harm. Five to 10 years
KENTUCKY §§ 508.100, .110, and .120 Intentionally, wantonly, or recklessly cause serious physical injury, torture, cruel confinement, or cruel punishment to a child age 12 or younger. Five to 10 years for intentional acts, one to five years for wanton, and up to one year for reckless.
LOUISIANNA § 14:93 Intentionally or with criminal negligence mistreat or neglect any child under 17, and thereby cause unjustifiable pain or suffering. Up to 10 years
MAINE 17-A § 554 Cruelly treat a child under age 16 by abusing, neglecting, extremely punishing, or otherwise recklessly endangering his health, safety, or welfare. Up to three years
MARYLAND 27 § 35C Abuse a child under care, custody, or responsibility. "Abuse" means to physically injure a child by treating him cruelly, inhumanely or maliciously. Up to 15 years if injury results and up to 30 years if the child dies
MASSACHUSETTS 265 §13J It is a crime to commit assault and battery upon a child. Up to five years for bodily injury and up to 15 years for substantial bodily injury
MICHIGAN § 28.331(2) Cause serious physical or mental harm to a child. Knowing or intentional acts that cause death, eight to 12 years; serious bodily harm, four to eight; other injury, six to 18 months.
MINNESOTA § 609.255 Intentionally subject a child under age 18 to unreasonable physical confinement or restrain, like tying, locking, caging, or chaining him for a prolonged period and in an excessive, cruel manner, which results in substantial emotional harm. Intentionally subjects a child to unreasonable force or cruel discipline. Up to one year for substantial emotional harm and up to five years for substantial physical harm. Up to one year, but up to five years for substantial bodily harm, and up to 10 years for great bodily harm. If the child is under age four and the injury is bodily harm to the head, eyes, neck, or multiple bruises to the body, up to five years
MISSISSIPPI § 97-5-39 Sexually abuse, sexually exploit, emotionally abuse, mentally injure, or purposefully injure a child physically. Up to one year Intentionally burn, torture, whip, strike, or otherwise abuse or mutilate a child, thereby causing serious bodily harm. Up to 20 years
MISSOURI § 568.060 Knowingly inflict cruel and inhuman punishment upon a child under age 17. 10 to 30 years if the child dies, five to 15 if he is seriously injured, and up to seven years otherwise
MONTANA § 45-5-201 Purposely or knowingly cause bodily injury to a family member. Up to one year
NEBRASKA § 28-707 Knowingly, intentionally, or negligently (1) place a minor child in a situation that endangers his life or physical or mental health; (2) deprive him of necessary food, clothing, shelter, or care; or (3) and with cruelty, punish or confine him. Class IIIA, III, and IB felony depending on the severity of the harm*
NEVADA § 200.508 Willfully cause a child under age 18 to suffer substantial bodily or mental harm as a result of abuse or neglect. "Abuse or neglect" means intentional physical or mental injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment resulting in harm or threatened harm to the child's health or welfare. Two to 20 years
NEW HAMPSHIRE §§ 631:1 and 631:2 Knowingly or recklessly cause serious bodily injury to a child under age 13. Or purposely and knowingly cause him bodily injury. Up to seven years
NEW JERSEY §§ 2C:24-4 and 9:6-3 Abuse or neglect a child under age 16. Five to 10 years
NEW MEXICO § 30-6-1 Knowingly, intentionally, or negligently, and without justifiable cause, (1) places a minor child in a situation that endangers his life or health; (2) tortures him; or (3) and with cruelty, punish or confine him Up to 18 years if the child suffers great bodily harm otherwise up to five years
NEW YORK Penal Code 120.05 With intent to cause physical injury, recklessly causes serious physical injury to a child under age11 or injures a child under age seven. Up to one year
NORTH CAROLINA § 14-318.2 Inflict physical injury upon a child, other than accidentally. Six months to two years depending on severity of harm
NORTH DAKOTA § 41-09-22 Inflict physical or mental injury or fail to provide proper parental care or control, subsistence, or required education. Up to 10 years if the child is under age six otherwise up to five years
OHIO § 2919.22 Do any of the following to a child under age 18: abuse; torture or cruelly abuse; administer corporal punishment or other physical disciplinary measure, or physically restrain in a cruel manner or for a prolonged period, thereby creating a substantial risk of serious physical harm; or repeatedly administer unwarranted discipline when there is substantial risk that the conduct will seriously impair or retard the child's mental health or development. Basic punishment: First degree, three to 10 years Second-degree, two to eight years Third-degree, two to five years Fourth-degree, six to 18 months Fifth-degree, six to 12 months
OKLAHOMA 10 § 7115 Willfully or maliciously injure, torture, maim, use unreasonable force upon, sexually abuse, sexually exploit, or otherwise abuse or neglect a child under age 18. Up to 10 years
OREGON § 163.205 Intentionally or knowingly cause physical injury to a dependent person. Class C felony*
PENNSYLVANIA 18 § 2701 Attempt to cause or intentionally, knowingly, or recklessly cause bodily injury to a child under 12. First-degree misdemeanor*
RHODE ISLAND § 11-9-5.3 § 11-5-14.2 Cause a child serious bodily injury or serious physical injury. Between 5 and 20 years Batter a child age 10 or younger, causing him serious bodily injury. Up to 20 years depending on the severity of the harm
SOUTH CAROLINA § 16-25-20 Cause physical harm or injury to a household member. Up to 30 days
SOUTH DAKOTA § 26-10-1 Abuse, expose, torture, or cruelly punish a minor in a manner that does not constitute aggravated assault. Up to 10 years
TENNESSEE § 39-15-401 Knowingly injure or neglect a child under age 18 in a way that adversely affects his health and welfare. Up to 11 months but if the child is under age six, 2-12 years
TEXAS § 22.04 Intentionally, knowingly, recklessly, or with criminal negligence cause a child serious bodily injury, serious mental deficiency or impairment, or bodily injury. 180 days to 99 years or life depending on the severity of the crime and the offender's state of mind
UTAH § 76-5-110 Cause a child physical injury, including acts that impair his health or that involve torture or a substantial risk or death. Class C misdemeanor to a second-degree felony depending on the severity of the harm and the offender's state of mind*
VERMONT 13 § 1304 13 § 1305 Willfully assault, ill treat, neglect, abandon, or expose a child under age 10 in a manner to cause unnecessary suffering, or to endanger health. Up to one year Inflict unnecessary cruelty upon a child or unnecessarily and cruelly fail to provide him with proper food, drink, shelter, protection from the weather, or care. Up to two years
VIRGINIA § 18.2-371.1 Refuse to provide a child with necessary health care or seriously injure him. One to five years, but if the offender showed a reckless disregard for life, two to 10 years
WASHINGTON § 9A.36.140 Cause a child under age 13 bodily harm. Up to five years
WEST VIRGINIA § 61-8D-3 Cause a child bodily injury or serious bodily injury or create a substantial risk of serious bodily injury or death. Bodily injury, one to five years; serious bodily injury, two to 10 years; and substantial risk of bodily injury or death, one to five years
WISCONSIN § 948.03 Intentionally or recklessly cause a child bodily harm. Up to 10 years depending on the severity of the harm
WYOMING § 6-2-503 Intentionally or recklessly injure a child under age 16. Up to five years