Child Abuse Penalties and Sentencing

Cases involving intentional harm, serious physical injury, or sexual abuse will likely lead to a prison sentence. Cases characterized by child neglect or negligent parenting often allow for lesser penalties.

Child abuse penalties and sentencing depend on several factors, such as:

• State law where the child abuse took place
• The age of the child
• Whether the offense involved sexual abuse
• The extent of the physical or mental injury or the substantial risk of such injury
• The criminal history of the offender, including prior convictions

Child abuse and neglect cases are difficult for everyone involved. Acts of child abuse are horrific, and the resulting trauma and pain can reverberate throughout the judicial process.

When the abuse occurs within a family, as child abuse often does, adjudicating the offense will likely cause major disruptions to social relationships. A child abuse conviction can have repercussions in family court, leading to changes in child custody and parenting time.

Child abuse and neglect crimes also carry a social stigma and might be highly publicized. Many family members may avoid contact with police officers. They may choose not to report, thinking they will address the problem. This attitude encourages the ongoing risk to the children involved in these dangerous situations.

Child Abuse: Penalties and Sentences

In most states, child abuse and neglect may be charged as a felony or misdemeanor criminal case, depending on the circumstances. As these crimes carry the potential of a jail or prison sentence, those charged have the right to counsel.

A criminal defense lawyer will review the facts of the case and conduct a case evaluation. They will meet with their client to discuss common defenses and the likelihood of success at trial. Sentencing in child abuse cases may occur after a plea bargain agreement is reached with the prosecution. It may also occur at the court's discretion after an open plea or a conviction at a trial.

Cases Involving Serious Harm or Death

The most severe child abuse cases will carry the harshest sentences. When a child dies from a purposeful killing, a state may impose a death sentence or life in prison. The penal codes of 14 states provide that an intentional murder is eligible for the death penalty when the victim is a child. Each of these states sets its age criteria for these cases.

In Ohio, the crime of aggravated murder includes purposefully killing a child under age 13. In South Carolina, the crime of murder involves killing another with malice aforethought. When the murder victim is a child 11 years old or younger, the law considers this an aggravating factor supporting a death sentence. In states that do not authorize the death penalty, an offender convicted of murdering a child can receive a life sentence.

Felony child abuse crimes include attempted murder, felonious or aggravated assault, felony domestic violence, child abuse, or child endangerment. These offenses may carry a presumption of prison time depending on state law. Sentencing enhancement may also occur when an offender has a prior conviction or a history of violence.

Many states already have murder and assault laws that also address the death of an unborn child. In light of the U.S. Supreme Court decision in Dobbs v. Jackson Women's Health Organization, overturning the federal constitutional right to abortion, more states may criminalize conduct seen as injuring an unborn child.

Cases Involving Child Neglect and Lesser Harm

Child abuse laws also encompass crimes involving child neglect or assault involving less harm to the child. Sometimes, a misdemeanor child abuse offense will appear alongside a domestic violence charge. An abuser might strike their spouse when a child gets in the way and then suffers a minor physical injury. A parent might face a child abuse charge for spanking their child in a manner that leaves marks.

A child's parents may face criminal negligence or endangering charges when they leave a young child home alone while they attend a social function. Perhaps a parent is stopped for a DUI with a child in the car. Although under the influence, their impairment did not lead to an accident or injuries to the child.

As long as these offenses do not result in serious harm or death to a child, state laws will classify them as misdemeanor crimes. They usually expose offenders to up to six months in jail or fines and costs. Often, the judge will consider a probation sentence, community service, or treatment and education programs in these cases.

Cases Involving Sexual Abuse

In most cases involving sexual acts with children, the law provides strict penalties. If an offender is convicted of sexual assault with a minor child, they may face a life sentence or a substantial prison sentence. Most states require convicted sex offenders to register their address upon release from jail or prison with the local sheriff. Judges often order those convicted of child sex crimes to register for life as a sex offender if they qualify based on the offense.

Child Abuse Penalties: Other Consequences

In addition to a criminal sentence, offenders convicted of a crime of child abuse must deal with other possible consequences for their misconduct. These may include:

• A permanent criminal record
• Modification of custody and parenting time rights, which may involve supervised or restricted access to one's children
• Termination of parental rights
• Mandatory counseling for mental health, alcohol, or substance abuse
• Continual involvement with a child protective services agency
• A ruined reputation

Child Abuse Penalties: Failure to Report

People who fail to report child abuse or neglect can also face penalties in states with mandatory reporting laws. These laws typically apply only to certain individuals who are in a position to discover child abuse. This may include teachers, medical professionals, or law enforcement. Some states have written their mandatory reporting laws even more broadly. At least two states make it the duty of all people in the state to report known child abuse.

In states with mandatory reporting laws, those subject to the requirements must report cases of suspected child abuse as directed by state law. This may be through a phone call to child protective services, law enforcement, or via a toll-free hotline.

Failure to do so promptly is considered a misdemeanor in most states and can result in fines, jail time, or both. For example, in Pennsylvania, failing to report child abuse will be a felony offense if the child abuse at issue was a felony. Otherwise, the failure to report will be a misdemeanor of the second degree.

Questions About Child Abuse Penalties and Sentencing?

Contact an Attorney

If you or a loved one is facing accusations of child abuse or neglect, consider getting help from an attorney. Just as child abuse charges encompass a wide spectrum of acts, there is also a wide spectrum of possible outcomes in child abuse cases. The ultimate result will depend not just on the specific facts of your case but also the skill of your lawyer. For this reason, it may be important to enlist the help of an experienced criminal defense attorney to help understand the law and any defenses available to you.