If you are accused of child abuse in Tennessee, you should take those allegations seriously. Not only could they lead to an investigation by Child Protective Services (which could result in your child being removed from the home) but you could also be charged with a criminal offense. To help you understand your rights and the potential allegations against you, a Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby explains child abuse under Tennessee law.
How Does Tennessee Define Child Abuse, Child Neglect, and Child Endangerment?
Tennessee Code §39-15-401 governs child abuse, neglect and endangerment. Under that statute, child abuse, neglect, and endangerment are defined
as follows:
- Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.
- Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child’s health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
- A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. A violation of this section is a Class A misdemeanor. “Imminent danger” means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury.
Note that child abuse/neglect/endangerment includes a “knowingly” element. For purposes of a criminal conviction, the prosecution must prove that the defendant knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. Moreover, “the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight years of age or less would exercise under all the circumstances as viewed from the defendant’s standpoint.”
What Is Aggravated Child Abuse, Neglect, or Endangerment in Tennessee?
When the allegations of abuse, neglect, or endangerment are particularly serious, Tennessee Code §39-15-402 governs. Known as “Haley’s Law,” that statute addresses aggravated child abuse, neglect, or endangerment, defined as committing child abuse, neglect, or endangerment AND at least one of the following applies:
- The act of abuse, neglect or endangerment results in serious bodily injury to the child.
- A deadly weapon, dangerous instrumentality, controlled substance or controlled substance analogue is used to accomplish the act of abuse, neglect or endangerment.
- The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim.
- The act of abuse, neglect or endangerment results from the knowing exposure of a child to the initiation of a process intended to result in the manufacture of methamphetamine as described in § 39-17-435.
Aggravated child abuse, neglect, or endangerment is charged as a Class B felony unless the child is eight years of age or less, or is vulnerable because the victim is mentally defective, mentally incapacitated or suffers from a physical disability, in which case it is charged as a Class A felony.
For the purposes of a prosecution for aggravated child abuse/neglect/endangerment, “serious bodily injury to the child” includes, but is not limited to, second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects and acts of female genital mutilation. In addition, a “dangerous instrumentality” is any item that, in the manner of its use or intended use as applied to a child, is capable of producing serious bodily injury to a child.
Contact a Murfreesboro Criminal Defense Lawyer
If you have been charged with, or are being investigated for, child abuse, neglect, or endangerment in the State of Tennessee, consult with an experienced Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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