1

Statute

Parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. O.C.G.A. 16-5-70(a). "Sustenance" means that necessary food and drink which is sufficient to support life and maintain health. Caby v. State, 249 Ga. 32 (1982). OR when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(b). Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause the particular harm produced, or the wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm may result. Intention may be manifest by the circumstances connected with the perpetration of the offense. Freeman v. State, A08A0829 (2008) (the failure to procure proper medical attention for a child's injuries constitutes sufficient proof); Delacruz v.

2

Caselaw

Implicit within the statute defining cruelty to children is an element of unreasonableness. Hopkins v. State, 209 Ga. App. 376 (1993). Evidence of a child's age, the extent of injuries, the nature of the assault to which the child was subjected, and the force with which the child was struck is sufficient to conclude whether a defendant caused the child cruel or excessive physical pain. Moore v. State, 283 Ga. 151 (2008).

3

Penalty

1st degree, then 5 to 20Y.