The crime of Child Abuse is the act of imposing cruel punishment or physically injuring a child. Other California statutes set punishments for neglect, sexual and emotional abuse, however the Child Abuse law deals with physical abuse directed at a minor. Spanking is not considered Child Abuse unless it is excessive, unreasonable or unnecessary. Examples of Child Abuse include engagingal fight with a teenager leaving bruises or slapping a child hard enough to leave a mark or beating a child with a belt.
What does the prosecutor have to prove?
1. Defendant willfully inflicted cruel or inhuman corporal punishment or injury upon the body of a child.
2. The infliction of this punishment or injury resulted in a traumatic condition.
Misdemeanor: 0-364 days