The Crime of Cruelty to Children in the Second Degree in Georgia
StatuteWhen such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(c). Criminal negligence necessarily implies, not only knowledge of probable consequences which may result from the use of a given instrumentality, but also wilful or wanton disregard of the probable effects of such instrumentality upon others likely to be affected thereby. Criminal negligence is something more than ordinary negligence. Criminal negligence is the reckless disregard of consequences, or a heedless indifference
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to the rights and safety of others, and a reasonable foresight that injury would probably result. Bohannon v. State, 230 Ga. App. 829 (1998).
CaselawImplicit 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).
Penalty2nd degree, then 1 to 10Y.