Child abuse is a problem that may include physical, psychological, or sexual abuse and exploitation. Mission Kids is an agency that serves child victims and classifies such abuse as a “silent epidemic.” They assisted roughly 600 children in 2018. Among these cases, some of the data indicated the following:
- The victims were 67% female
- 98% of the alleged perpetrators were someone the child knew
- Approximately 62% of the alleged perpetrators were members of their family
- 50% were between 12 and 18 years of age and 40% were between 5 and 11
Understanding Child Abuse
Actions of child abuse may involve someone's actions or inactions that result in or fail to prevent harm to a child. The perpetrator acts intentionally or knowingly. Child abuse is not the result of uncontrollable factors in the environment. Failing to provide for a child's welfare is a form of child abuse, such as denying them access to needed medical treatment.
Those Subject to Mandatory Reporting
The state mandates that those employed in certain roles or settings report any suspected evidence of child abuse or neglect that they encounter. This includes providers of medical care, such as physicians, nurses, and more. Members of law enforcement and other certain agencies of government such as social service providers are included. This also applies to individuals who routinely have exposure to children such as those who work in a day care center, school teachers, and others.
Endangering Welfare of Children (§ 4304)
This may occur when someone responsible for the supervision and care of children violates their duty to provide “care, protection, or support.” It also may occur when someone attempts to impede or obstruct an attempt to report suspected abuse. This charge may be a first-degree misdemeanor or a felony of the second or third degree depending on the circumstances.
Simple or Aggravated Assault
As it relates to child abuse, simple assault is defined as willingly causing bodily injury or attempting to create “fear of imminent serious bodily injury” to a child less than 12-years-old. This is a first-degree misdemeanor offense. Aggravated assault (§ 2702) is a charge of greater severity that involves creating bodily injury and demonstrating “extreme indifference to the value of human life.” Depending on the child's age, the charge may be a felony of either the first or second degree.
False Reports of Child Abuse (§4906.1)
This is an offense where someone intentionally reports suspected child abuse that they know is false. This may also involve someone who knowingly induces a child to make a false allegation of child abuse. This crime constitutes a misdemeanor of the second degree.
Concealment of Whereabouts of a Child (§ 2909)
This may occur when someone “removes a child” from a location and intentionally conceals their whereabouts. This also may apply when someone prevents a child from returning to their home and does not disclose this information to the parent or guardian. This is a crime that is a third-degree felony offense.
Sexual abuse of children (§6312)
- This may occur if an individual allows or causes a child to participate in unlawful sexual activity that may be recorded on video or otherwise documented
- The charge applies to anyone involved in filming or photographing a child's participation in unlawful sexual activity.
- This pertains to any individual who “sells, distributes, delivers, disseminates…” such activity
- Depending on the specific circumstances of the offense, it may be a first, second, or third-degree felony offense.
|
Offense Level |
Maximum Imprisonment |
Maximum Fine |
|
First Degree Felony |
20 years |
$25,000 |
|
Second Degree Felony |
10 years |
$25,000 |
|
Third Degree Felony |
7 years |
$15,000 |
|
First Degree Misdemeanor |
5 years |
$10,000 |
|
Second Degree Misdemeanor |
2 years |
$5,000 |
Choosing a Defense Lawyer
Those charged with abusing or neglecting a child should promptly retain seasoned legal counsel. Your attorney will need to begin reviewing the facts and evidence in order to create a comprehensive defense strategy.
Attorneys Represents Clients Facing Allegations of Child Abuse
Our Criminal Law Team represents clients facing allegations in the Montgomery County courts. We encourage you to contact the office at 888-535-3686 for an evaluation of your case.
