Intentionally disciplining a child can sometimes lead to unintentional consequences. The worst of these can often be charges for child abuse. Whether you or a loved one was charged with abuse over an accident, a cultural misunderstanding, or a mistake, these charges can have a lasting impact on your family. For the purposes of these laws, a child is anyone under 16 years of age and they apply to both parents and the caregivers of children. Here is what to know about these kinds of charges in North Carolina:
Misdemeanor Child Abuse - § 14-318.2
The first type of child abuse charge is misdemeanor child abuse. This kind of abuse occurs when the parent or caregiver “inflicts physical injury, or allows physical injury to be inflicted,” or when the parent or caregiver “creates or allows to be created a substantial risk of physical injury, upon or to such child.” The statute is written broadly, so that both parents and caregivers of children can be held accountable for potential abuse. The statute also punishes both the act of injuring or creating a risk of injury to a child, as well as the omission of allowing a child to be injured or exposing them to a substantial risk of injury. If the incident in question is an accident, it is a defense to this charge. Misdemeanor Child Abuse is punished as a Class A1 misdemeanor, the most serious misdemeanor. That means even a first-time offender can go to jail for up to 60 days or receive probation.
Felony Child Abuse - § 14-318.4
The second type of child abuse charges are felonies. There are several types of felony child abuse listed by section:
(a1) This section states that any parent or caregiver that encourages or permits a child to engage in prostitution will be punished with a Class D felony. That could be over 6 and a half years of active imprisonment for a first-time offender.
(a2) This section states that any parent or caregiver who commits a sexual act upon a child or allows such an act to be committed to the child will also be punished as a Class D felon.
(a3) The most serious kind of child abuse is pursuant to section (a3) which states that a parent or caregiver who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function of the child is guilty of a Class B2 Felony. A Class B2 felony is incredibly serious; a first time offender will be sent to prison for an active sentence that could last up to a minimum of over 16 years.
Serious bodily injury is defined in section (d)(1) as bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a protracted condition that causes extreme pain, or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization. So this type of injury can be quite broad.
(a4) A parent or any other person providing care to a child whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class E felony if the act or omission results in serious bodily injury to the child. A Class E felony is punishable by probation or up to over two and a half years in prison for a first-time offender. This type of charge would be applicable to a parent who leaves a firearm unlocked or unattended and that act results in serious bodily injury to the child.
(a5) A parent or any other person providing care to a child whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class G felony if the act or omission results in serious physical injury to the child. Unlike serious bodily injury, serious physical injury is defined in section (d)(2) as – physical injury that causes great pain and suffering and the term includes serious mental injury. This is even more broad than bodily injury and can include many forms of injury. A Class G felony can carry a sentence of probation or up to around a year and a half of imprisonment even for a first-time offender.
All of these crimes are in addition to any other civil or criminal penalties involved in the treatment of the child. The Department of Social Services (DSS) will become involved when there are allegations of abuse and they will conduct their own investigation. That investigation will likely result in additional conditions or punishments necessary for the child to be placed back in the home or for the offending adult to rejoin them in the home. It is necessary during these cases to keep careful documentation about all the dealings with DSS since these documents will be crucial for your case.
Corporal Punishment and Child Abuse
Our Courts have held that as a general rule a parent is not criminally liable for inflicting physical injury on a child in the course of lawfully administering corporal punishment. However, there are limits to that behavior:
- where the parent administers punishment "which may seriously endanger life, limb or health, or shall disfigure the child, or cause any other permanent injury," State v. Alford, 68 N.C. 322, 323 (1873);
- where the parent does not administer the punishment "honestly" but rather "to gratify his own evil passions," irrespective of the degree of the physical injury inflicted, State v. Thornton, 136 N.C. 610, 615 (1904);
- or where the parent uses "cruel or grossly inappropriate procedures . . . [or] devices to modify" a child's behavior, N.C. Gen. Stat. § 7B-101(1)(c).
Therefore it is important that if you choose to discipline your child by inflicting physical pain, that you carefully consider the method by which you discipline your child and the extent to which you discipline them. It is not unheard of for parents to be accused of misdemeanor child abuse for spanking a child. While the law may end up protecting this behavior from prosecution, you might want to think carefully about these methods since you will likely want to avoid the time, expense, and difficulty that will come with being charged with child abuse and then fighting it in court.
If you or someone you love has been charged with a Child Abuse offense, call one of our experienced attorneys today and we will help you get the result that you need!