(1) When such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. O.C.G.A. 16-5-70(d). "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person. O.C.G.A. 16-1-3(6).?<
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).
3rd degree, then Misdemeanor; but if 3rd or subsequent conviction, then 1 to 3Y and/or 1K to 5K fine. O.C.G.A. 16-5-70(e).
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