“Child abuse” now officially a crime in Delaware

That title should scare you.

“Governor Markell signed Senate Bill 234, which also strengthens protections for abused children, into law on Wednesday.  “We don’t live in a perfect world.  Unfortunately, we continue to hear about cases where children have been abused.  It’s something that makes all of us sick, frankly,” Markell said.  “We need to continue to work together to do everything we can to keep the children of Delaware safe.”

Markell was joined by several state lawmakers during the signing ceremony, including State Rep. Rebecca Walker, D-Middletown, who also works as an emergency room nurse.  She says she’s seen the impact of child abuse first hand in the ER.  “This is our vulnerable population.  We need to make sure these kids are protected and taken care of.”

Delaware Attorney General Beau Biden says the new law improve the ability of his office to prosecute abusers.  “This statute is very important to fill the gaps that have made it more difficult for us to attack people who attack and harm children.”

Senate Majority Leader Patricia Blevins sponsored the measure that she calls a landmark bill, “And hopefully one that will be adopted in other states as well.”  She says because Delaware didn’t have the crime of child abuse before this, it had been difficult to mould existing laws into crimes against children.  “This will let [child abuse] stand alone as its own crime.””

Child abuse now officially a crime in Delaware

[NewsWorks.org 9/13/12 by Mark Eichmann]

The new wording from the Senate Bill is as follows:

Ҥ1103. Child Abuse in the third degree; class A misdemeanor.

(a) A person is guilty of child abuse in the third degree when:

(1) The person recklessly or intentionally causes physical injury to a child through an act of abuse and/or neglect of such child; or

(2) The person recklessly or intentionally causes physical injury to a child when the person has engaged in a previous pattern of abuse and/or neglect of such child.

§ 1103A. Child Abuse in the second degree; class G felony.

(a) A person is guilty of child abuse in the second degree when: 

(1) The person intentionally or recklessly causes physical injury to a child who is 3 years of age or younger; or

(2) The person intentionally or recklessly causes physical injury to a child who has significant intellectual or developmental disabilities

(3) The person intentionally or recklessly causes physical injury to a child by means of a deadly weapon or dangerous instrument.

§615§ 1103B. Child Abuse in the First degree Assault by abuse or neglect; class B felony.

(a) A person is guilty of assault by abuse or neglect child abuse in the first degree when the person recklessly or intentionally  causes serious physical injury to a child:

(1) Through an act of abuse and/or neglect of such child; or

(2) When the person has engaged in a previous pattern of abuse and/or neglect of such child”

Endangering the welfare of a child; class E or G felony has improved by amending a phrase to Intentionally, knowingly, or recklessly and adding (7) The person provides or permits a child to consume or inhale any substance not  prescribed to the child by a physician, as defined in §§4714, 4716, 4718, 4720, and 4722 of Title 16 to the definition.

How they prosecute cases has been amended. Apparently they previously required a pattern of abuse or conviction.

” conviction is not required for an act of abuse or neglect to be used in prosecution of a matter under this section, including an act used as proof of a previous pattern as defined in this paragraph. A conviction for any act of abuse or neglect, including one which may be relied upon to establish a previous pattern of abuse and/or neglect, does not preclude prosecution under this section. ”

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