Child abuse

Second degree physical abuse

The defendant is charged with the crime of child abuse in the second degree. Child abuse is physical injury of a child under 18 years of age caused by [ a parent][a family member][ a member of the household of the child][ a person with permanent or temporary care, custody, or responsibility for the supervision of the child][ a person under a contractual duty to care for the child]. I n order to convict the defendant of second degree child abuse, the state must prove:

(1) that the defendant caused physical injury to (name) as a result of cruel or inhumane treatment or malicious act;

(2) that, at the time of the conduct, (name) was under 18 years of age;

(3) that, at the time of the conduct, the defendant was [ a parent] [ a family member] [ a member of the household] [ a person with permanent or temporary care, custody, or responsibility for the supervision of the child][ a person under a contractual duty to care for the child]; and

(4) that , as a result, (name’s) health or welfare was harmed or threatened.

[family member means a relative of the child by blood, adoption, or marriage.]

[Household member means a person who, at the time of the alleged abuse, lived with or was regularly present in the home of (name).]

[A [parent] [ caretaker] may use reasonable physical force to [discipline] [ safeguard] a child. However a [parent] [caretaker] may not use physical force to inflict pain upon the child. In addition, a [parent] [caretaker] may not use physical force that is inhumane or cruel.]

[[ In determining whether the physical force used by a [parent] [caretaker] was reasonable, you should look at all of the surrounding circumstances, including such factors as the age, physical and mental condition of the child, the behavior that led to the use of physical force, the extent and duration of the physical contact with the child, and the impact or injury to the child, if any, resulting from the use of force.]]

Source: Maryland Criminal Pattern Jury Instructions. MPJI-Cr 4:07

First degree physical abuse

The defendant is [also] charged with the crime of child abuse in the first degree. In order to convict the defendant of first degree child abuse, the State must prove:

(1) that the defendant caused physical injury to (name)  as a result of cruel or inhumane treatment or malicious act;

(2) that at the time of the conduct, (name) was under 18 years of age;

(3) that, at the time of the conduct, the defendant was [ a parent] [ a person with permanent or temporary care, custody, or responsibility for the supervision] [ a member of the household] [a family member ] of (name);

(5) that defendant’s conduct resulted in (name’s) death or caused severe physical injury to (name).

Severe physical injury means: (1) brain injury or bleeding within the skull; (2) starvation; or (3) physical injury that (a) creates a substantial risk of death, (b) causes permanent pr protracted serious disfigurement, or (c) causes l0ss or impairment of a member or organ of the body or its ability to function properly.

A [parent] [ caretaker] [ a household member ] [family member] may use reasonable physical force to [discipline] [ safeguard] a child. However a [parent] [caretaker][ a household member ] [family member] may not use physical force to inflict pain upon the child. In addition, a [parent] [caretaker] may not use physical force that is inhumane or cruel.

In determining whether the physical force used by a [parent] [caretaker] [ a household member ] [family member] was reasonable, you should look at all of the surrounding circumstances, including such factors as the age, physical and mental condition of the child, the behavior that led to the use of physical force, the extent and duration of the physical contact with the child, and the impact or injury to the child, if any, resulting from the use of force.

[ You may not consider the charge of first degree child abuse unless and until you have found the defendant guilty of second degree child abuse.]

[Family member means a relative of the child by blood, adoption, or marriage.]

[Household member means a person who, at the time of the alleged abuse, lived with or was regularly present in the home of (name).]

  • If you face one or more of these charges it is crucial that you contact a criminal defense lawyer as soon as possible in order to protect your rights.

 

Source: Maryland Criminal Pattern Jury Instructions. MPJI-Cr 4:07.1

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