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What is Felony Child Abuse?

Erin J. Hill
Erin J. Hill

Felony child abuse is used to describe a crime in which an adult inflicts bodily harm on a minor. This harm is generally classified as being severe and is oftentimes potentially life-threatening. The characteristics which differentiate felony child abuse from a misdemeanor case usually involve the nature of the abuse and the level of damage done.

In most cases, felony child abuse is physical in nature. This means that emotional abuse does not normally constitute a felony case unless physical injury is also present. Neglect which may put a child in danger may also be considered felony child abuse, such as in the case of a child being left in a hot car unattended or a child who is underfed or malnourished.

Depression may be a side effect of child abuse.
Depression may be a side effect of child abuse.

For a child abuse case to be tried as a felony, it must be proven beyond a reasonable doubt that the defendant put a minor child in life-threatening harm or caused harm that was capable of becoming life-threatening or of causing long-term consequences for the child. Sexual abuse is one example of abuse that is not generally life-threatening, but that is usually tried as a felony case because lifelong psychological damage is inflicted. The punishment for a felony child abuse case varies greatly and can range from a few years to several decades.

The nature of abuse and the level of damage can determine whether a felony child abuse charge is warranted.
The nature of abuse and the level of damage can determine whether a felony child abuse charge is warranted.

For a prosecutor to get a conviction in a felony child abuse case, it is almost always necessaryto have the testimony of a child victim. Many abusers, especially sexual predators, have numerous victims in their lifetimes. Without a sworn testimony from someone who has been abused personally by the perpetrator or who witnessed such abuse, a child abuse case can be hard to win. In some cases, testimony from doctors who examined the child or witnesses may be able to win a case if the child is unable or unwilling to testify.

Individuals charged with felony child abuse will face arrest.
Individuals charged with felony child abuse will face arrest.

Children who have been the victims of abuse often require counseling to come to terms with issues of abandonment, loss of trust, and fear of being hurt again. Post-traumatic stress disorder (PTSD) is common among abuse victims, especially those who were involved in violent crimes. He or she is typically removed from the abusive situation and placed with relatives or another family who can take proper care of him or her. Long-term issues of child abuse for the victim can include depression, suicidal thoughts or tendencies, inability to form close relationships, feelings of worthlessness, and anger towards their attacker. These issues can be worked through with the help of a licensed therapist.

Discussion Comments

anon977348

If you can help someone who is being abused, it is your responsibility to do so. Anon130238, if the other parent doesn't help then, in my opinion, they are just as guilty.

anon315397

One of my friend's parents are divorced and she lives with her grandmother. Her mother is extremely cruel to her and calls her worthless, and recently a piece of you know what. Her grandmother forces my friend to speak to her cruel, unloving mother, and otherwise beats her for not doing so.

She has tried going to the police before, with no success. Any suggestions as to what I should do, or tell her to do?

Erin Hill

In my opinion, yes. Children are not old enough or able enough to help themselves in some situations. It is our job as parents and adults to keep them safe, and failing to take action is still abuse, neglect, whatever you want to call it.

From a legal standpoint, I'm not sure. But I would imagine if there is just cause for concern, it would be similar to someone witnessing a crime and not reporting it or stopping it. You become an accessory, although I guess each situation would vary.

anon130238

If child lives with one parent, and the child tells the absent parent he is being beaten. The absent parent does nothing to help the child, is the absent parent just as guilty?

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    • Depression may be a side effect of child abuse.
      By: rimmdream
      Depression may be a side effect of child abuse.
    • The nature of abuse and the level of damage can determine whether a felony child abuse charge is warranted.
      By: Pixel Memoirs
      The nature of abuse and the level of damage can determine whether a felony child abuse charge is warranted.
    • Individuals charged with felony child abuse will face arrest.
      By: Ariusz
      Individuals charged with felony child abuse will face arrest.
    • A doctor may be able to testify for a child who is unable to testify for themselves.
      By: Stephen Coburn
      A doctor may be able to testify for a child who is unable to testify for themselves.
    • Child abuse and neglect laws are intended to safeguard dependent children up to the age of 18.
      By: BlueOrange Studio
      Child abuse and neglect laws are intended to safeguard dependent children up to the age of 18.
    • In most cases, felony child abuse is physical in nature.
      By: soupstock
      In most cases, felony child abuse is physical in nature.