CR 3-601: Child Abuse

There are two degrees of child abuse in Maryland, and both are codified in Criminal Law section 3-601.  Second degree child abuse is more common than first degree and has a much lower maximum penalty, but both offenses are felonies.  Child abuse is defined as a physical injury of a child under 18 years of age that is caused by a parent, family member or any person with permanent or temporary care, custody or responsibility of supervising the child.  Second degree child abuse has four distinct elements that the State must prove in order to sustain a conviction.   The first is that the defendant caused physical injury to the child as a result of a malicious ace or cruel or inhumane treatment.  Second the State must prove the victim was under 18 at the time.  Third the State must prove the harm was caused by a person with the familial or supervisory role touched on earlier.  Finally, the State must prove that the victim’s health or welfare was harmed or threatened.  First degree child abuse cases have the same first three elements, but the last element differs.  For the State to prove a case for child abuse in the first degree under Maryland law it must also prove the defendant’s conduct resulted in death or caused severe physical injury.  Severe physical injury includes brain injuries, starvation, injury that creates a substantial risk of death and injuries that cause disfigurement or loss of function of a body part or organ.
 
Disciplining a child with a belt or an object may be considered child abuse in Maryland despite the fact that it would be legal in some states. Pulling or grabbing a child could also be considered child abuse if the child suffers an injury even if the intent in injure was not present.
 
Many individuals that are charged with child abuse also face second degree assault charges.  Second degree assault is still a serious offense, but it is a misdemeanor that does not require the State to prove actual physical injury.
 
The statute specifically excludes the use of reasonable force to discipline a child but there are limitations to this defense.  A parent or caretaker may not engage in a gratuitous or unwarranted abuse and may not use physical force that is inhumane or cruel.  This of course would be up for the judge or jury to determine what is inhumane or cruel.  We have successfully argued that the force used was reasonable, and this continues to be a strong defense in Maryland child abuse cases.  Another defense would be that the defendant did not have a supervisory or familial relationship the victim, but this would not be an absolute defense to other charges such as assault.  It is far to common for alleged child victims to fabricate accusations against an adult for attention or other illogical reasons.  The defense that the allegations were fabricated is the first thing any experienced criminal defense lawyer will look at, but this defense is more complicated in child abuse cases because charges will not likely be filed unless there is proof of an actual injury.  In order to argue fabrication we would likely consult with a forensic injury analysis conducted by a biomechanics expert to rule out an intentional act.
 
Second degree child abuse is a felony with a 15-year maximum penalty under Maryland law.  Repeat offenders face an enhanced punishment of up to 25 years in prison.  First degree child abuse carries up to 25 years in prison for a first offense.  If the abuse resulted in death the potential sentence is up to 40 years if the victim was 13 or older, and life in prison if the victim was under 13.
 
Benjamin Herbst is an experienced Maryland child abuse lawyer who has successfully defended numerous parents, relatives and caretakers.  The State will always devote more effort to cases with child victims, which unfortunately can lead to biased prosecutions.  Do not risk your freedom by walking into a courtroom without a skilled and experienced criminal lawyer.  Benjamin specializes in child abuse and assault defense and is prepared to fight for you.