Child Abuse Charges

Child abuse is broadly defined as any act or omission that harms a child or creates a substantial risk of harm. It can take the form of physical, mental, or emotional harm. State child abuse charges often include child endangerment, abandonment, neglect, and sexual abuse.

This article will explain:

• The basic elements of a criminal child abuse charge
• Types of child abuse charges and their penalties
• Who reports and investigates allegations of child abuse
• Legal defenses and the court process
• Where to find legal help

Elements of Criminal Charge of Child Abuse

Child abuse crimes vary by name and definition from state to state. But generally, a child abuse crime will include the following:

• The victim must be a child (usually, a minor under 18 years of age)
• There must be culpability or another appropriate mental state (acting purposefully, knowingly, or recklessly)
• There must be an action or omission to act
• The act must cause harm or a substantial risk of harm. This may include physical, emotional, or sexual harm or abuse

For child neglect, there may also need to be a duty of care (from a parent, family member, or adult caregiver acting in place of a parent)

Types of Child Abuse Charges and Penalties

State and federal laws typically categorize child abuse charges by severity. Criminal penalties depend on the specific nature of the conduct and other factors, including the age of the child and the level of harm.

Although criminal penalties vary by jurisdiction, the following are the common categories of child abuse and their criminal charges:

First-Degree or Aggravated Child Abuse

Aggravated child abuse is the most serious category of this criminal act. It often involves the following acts:

• Intentional or knowing infliction of severe physical injury
• Actions that show extreme indifference to human life
• Conduct that creates a significant risk of death or bodily harm

The legal consequences for this criminal charge may include significant prison terms. Courts often order the immediate removal of children from the abusive household and no contact order from the alleged abuser. It can also have a long-term impact on parental rights.

Second-Degree Child Abuse

Second-degree child abuse may include any of the following conduct:

• Reckless conduct causing bodily injury
• Acts that create a substantial risk of serious harm
• Pattern of physical abuse that is less severe than first-degree child abuse

These penalties often involve both criminal sanctions and family court interventions.

Child Neglect

The Child Abuse Prevention and Treatment Act (CAPTA, 42 U.S.C. §5101) provides federal standards for identifying child neglect.

Though states may expand on these definitions, they may include the following acts:

• Failure to provide necessary care or supervision to the child
• Failing to provide medical, education, or emotional support

Penalties for child neglect usually depend on the harm experienced by the child. However, the penalties can still be severe. For example, in Florida, all child neglect offenses are felonies, punishable by five to fifteen years in prison. 

Child Endangerment

Child endangerment is a situation that exposes the child to a substantial risk of harm even without experiencing an actual injury. Some examples of child endangerment include:

• Leaving a young child at home without appropriate supervision
• Exposing a child to dangerous conditions
• Creating significant risk of harm to the child

Some states, such as Alabama, also recognize "chemical endangerment." This refers to cases where a parent or guardian allows a child to come into contact with dangerous chemicals, such as drugs or poisons. 

Penalties vary by state and the harm caused. Child abuse or endangerment charges can also lead to termination of parental rights. 

Sexual Abuse Crimes

State penal codes will normally identify and define crimes of child sexual abuse, sexual contact, child pornography, and sexual exploitation separately from child abuse. Crimes involving sex offenders often carry prison time.

Most state laws provide harsh penalties for sex crimes committed against children. It can carry life imprisonment for sexual assault if the victim is under a certain age.

Due to the serious nature of these charges, police departments typically conduct the investigation. However, the first report of sexual abuse may occur during an investigation by child protection services.

Child Abuse Investigations

Law enforcement officers or a local child protection agency typically investigate allegations of child abuse. Each state has its own protocols on how police officers and child protection workers cooperate and prioritize their services. Law enforcement can respond immediately to 911 calls and use arrest powers to remove an abuser and bring criminal charges.

Child protection agencies can also investigate reports of maltreatment. They take action to remove children from unsafe or unhealthy environments. They can also file actions in family court. This combination of criminal prohibitions, investigations, and protective social services forms the basis of the child welfare system.

Child Protective Services

All states have a network of agencies that form the child welfare system. Within the child welfare system, child protective services (CPS) agencies regularly conduct investigations into the vast number of reports of child abuse or neglect.

CPS agencies can:

• Interview the child, other family members, and the person who reported the abuse or neglect
• Take steps to verify any incident of physical abuse or neglect
• Refer the child for medical care
• Assess the living conditions and mental health of the child
• Review health care records and talk to other service providers

If government social workers believe there is an imminent danger in the home, the agency may make arrangements related to temporary child custody and removal of the child from the house.

In extreme cases of child mistreatment, the child protection agency may seek assistance from a court to terminate parental rights. When this happens, the child may be placed for permanent adoption.

Mandatory Reporting Laws

One major hurdle to stopping child abuse is the difficulty of uncovering it. Like domestic violence, child abuse was often treated as a "family matter" in the past. So, it was under-reported to law enforcement. A child's parent often did not want to report on their spouse or significant other.

That's why states enacted mandatory reporting requirements for certain professions. These laws apply primarily to people who have regular contact with children or who are most likely to discover abuse or neglect.

Mandatory reporting laws commonly apply to individuals such as:

• Teachers
• Doctors
• Nurses
• Social workers
• Clergy members
• Childcare workers
• Lawyers
• Law enforcement officers

State laws often include confidentiality for reporters to protect individuals who make good-faith reports. Some states also provide that a mandatory reporter cannot be sued if they are in error. In many states, failure to report child abuse is also a criminal misdemeanor punishable by fines, jail time, or both.

If you suspect that someone is abusing or neglecting a child, visit FindLaw's How to Get Help for Child Abuse section for more information on what to do.

Legal Defenses and Court Process

Typical child abuse defenses include claims that the allegations are false, that the injury was accidental, or that the conduct was within parents' right to discipline their children.

When prosecutors bring criminal charges for child abuse or neglect against an adult, the case will proceed through the criminal courts. If the alleged abuser is a minor, the case may proceed to juvenile court. The state will seek a court finding that the juvenile is delinquent based on violations of child abuse laws.

Both adult criminal defendants and juvenile offenders have the right to a criminal defense attorney. If they cannot afford one, the court may appoint one for them.

A special concern in any case with a child victim will be the victim's well-being while the case is pending. Courts may issue no-contact orders. Police and prosecutors may also try to minimize the number of interviews of a child victim ahead of trial.

Need Help With a Child Abuse Case?

Allegations of child abuse come with serious legal implications. Whether you are facing a criminal charge related to child abuse or are concerned about your child custody rights, it is important to understand your legal options. An experienced criminal defense lawyer can help you with your criminal charges and protect your rights in court.

You may also need the advice of a child custody attorney who can address the implications of a child abuse allegation on your parental rights. Child abuse allegations can affect parental rights and child custody in various ways. For instance, child welfare services may order temporary removal of the child from the abusive household. They may also order temporary child custody and no contact order from the abusive parent.

To protect your rights and achieve the best possible outcome, seek legal advice from an attorney in your area who can help.