U.S. Department of Justice 

Office of Justice Programs 

Kilah Davenport Child Protection Act of 2013 

Report to Congress 2020 
 

 

 

 

Kilah Davenport Child Protection Act of 2013 

Report to Congress 2020 

Pursuant to the Kilah Davenport Child Protection Act of 2013 (P.L. 1 13-104), this statutory 

compilation report is being provided to the “congressional judiciary committees on the penalties 

for violations of laws prohibiting child abuse in each of the 50 states, the District of Columbia, 

and each U.S. territory; including whether the laws of that jurisdiction provide for enhanced 

penalties when the victim has suffered serious bodily injury or permanent or protracted loss or 

impairment of any mental or emotional function.” 

This compilation of child abuse statutes was prepared by the Association of Prosecuting 

Attorneys’ Child Abuse Prosecution Project with funding from the Office of Juvenile Justice and 

Delinquency Prevention and input from the Zero Abuse Project. 

The compilation includes U.S. state and territory statutes regarding criminal physical child abuse 

and the corresponding penalties as of July 2020. Separate statutes regarding child endangerment, 

child sexual abuse, child fatalities as a result of abuse or neglect, second or subsequent offenses, 

aggravated offenses, related child abuse and neglect offenses, general assault and battery 

statutes, and the corresponding penalties are not included in this compilation. The report does not 

purport to contain every statute that prosecutors might use in their respective state or territory to 

prosecute child abuse, including abuse that results in serious bodily injury. 

The summary chart below shows penalty ranges as indicated in the states’ criminal physical child 

abuse statutes. Where appropriate, the chart indicates whether the cited statutes contain enhanced 

penalties for abuse that results in serious bodily injury and, if so, the length of that penalty. The 

penalties indicated refer solely to time of incarceration and do not include monetary fines, 

mandatory counseling, or probation. Where a minimum sentence is not specified, it is assumed 

that there is no minimum sentence. 

Because this is only a summary chart and there can be many variables when determining a 

sentencing range, please refer to the text of the statute for greater detail. 

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State/ 

Territory 

Penalty 

Range 

Enhanced 

Penalty 

Enhanced 

Penalty Range 

Alabama 1yr 1 day–10 yrs YES 10 yrs–life or 99 yrs 

Alaska 0–5 yrs NO N/A 

American Samoa 0–5 yrs NO N/A 

Arizona 0.33–12.5 yrs YES 10–24 yrs 

Arkansas 0–6 yrs YES 5–40 yrs 

California 0–6 yrs YES 4 yrs 

Colorado 3–24 mos YES 10–32 yrs 

Connecticut 0–5 yrs NO N/A 

Delaware 0–25 yrs YES 0–25 yrs 

District of Columbia 0–15 yrs NO N/A 

Florida 0–5 yrs YES 0–30 yrs 

Georgia 5–20 yrs NO N/A 

Guam 0–5 yrs NO N/A 

Hawaii 2 days–5 yrs NO N/A 

Idaho 1–10 yrs YES 0–20 yrs 

Illinois 2–5 yrs YES 6–30 yrs 

Indiana 6 mos–2.5 yrs YES 3–16 yrs 

Iowa 0–5 yrs YES 0–10 yrs 

Kansas 50–55 mos NO N/A 

Kentucky 0–10 yrs NO N/A 

Louisiana 0–10 yrs NO N/A 

Maine 0–1 yr NO N/A 

Maryland 0–15 yrs YES 0–25 yrs 

Massachusetts 0–5 yrs YES 0–15 yrs 

Michigan 0–2 yrs YES 0 yrs–life 

Minnesota 0–1 yrs YES 0–10 yrs 

Mississippi 2–10 yrs YES 5 yrs–life 

Missouri 1–7 yrs YES 10–30 yrs or life 

Montana 0–10 yrs YES 0–20 yrs 

ii 
 

 

State/ 

Territory 

Penalty 

Range 

Enhanced 

Penalty 

Enhanced 

Penalty Range 

Nebraska 0–5 yrs YES 1–50 yrs 

Nevada 1–6 yrs YES 2–20 yrs 

New Hampshire 0–7 yrs YES 0–15 yrs 

New Jersey 0–10 yrs NO N/A 

New Mexico 3 yrs YES 18 yrs 

New York 0–7 yrs NO N/A 

North Carolina 1–60 days YES 51–201 mos 

North Dakota 0–10 yrs YES 0–20 yrs 

Northern Mariana 

Islands 

0–5 yrs NO N/A 

Ohio 0–180 days YES 2–8 yrs 

Oklahoma 0 yrs–life NO N/A 

Oregon 0–5 yrs NO N/A 

Pennsylvania 0–5 yrs YES 0–10-plus yrs 

Puerto Rico 3–8 yrs NO N/A 

Rhode Island 5–10 yrs YES 10–20 yrs 

South Carolina 0–30 days YES 0–20 yrs 

South Dakota 0–15 yrs YES 0–25 yrs 

Tennessee 0–12 yrs YES 8–60 yrs 

Texas 2–10 yrs YES 5–99 yrs or life 

Utah 0–1 yr YES 1–15 yrs 

Vermont 0–10 yrs NO N/A 

Virginia 1–5 yrs YES 2–10 yrs 

Virgin Islands 0–20 yrs YES 5–30 yrs 

Washington 0–5 yrs YES 0 yrs–life 

West Virginia 1–5 yrs YES 2–10 yrs 

Wisconsin 0–6 yrs YES 0–40 yrs 

Wyoming 0–5 yrs YES 0–25 yrs 

N/A: Not applicable 

iii 
 

 

 

CONTENTS 

Alabama ................................................... 1 

Alaska ................................................... 4 

American Samoa ................................................... 13 

Arizona ................................................... 15 

Arkansas ................................................... 

Maryland ................................................... 

23 

California ................................................... 29 

Colorado ................................................... 32 

Connecticut ................................................... 54 

Delaware ................................................... 56 

District of Columbia ................................................... 62 

Florida ................................................... 63 

Georgia ................................................... 71 

Guam ................................................... 72 

Hawaii ................................................... 74 

Idaho ................................................... 78 

Illinois ................................................... 80 

Indiana ................................................... 89 

Iowa ................................................... 96 

Kansas ................................................... 99 

Kentucky ................................................... 102 

Louisiana ................................................... 104 

Maine ................................................... 105 

110 

Massachusetts .................................................... 112 

Michigan ................................................... 113 

Minnesota ................................................... 116 

Mississippi ................................................... 117 

iv 
Missouri ................................................... 121 

Montana ................................................... 124 

Nebraska ................................................... 129 

Nevada ................................................... 133 

New Hampshire ................................................... 136 

New Jersey ................................................... 145 

New Mexico ................................................... 159 

Islands 

................................................... 181 

New York ................................................... 161 

North Carolina ................................................... 168 

North Dakota ................................................... 178 

Northern Mariana ................................................... 180 

Ohio 

Oklahoma ................................................... 208 

Oregon ................................................... 

Virgin Islands ................................................... 

211 

Pennsylvania ................................................... 214 

Puerto Rico ................................................... 220 

Rhode Island ................................................... 222 

South Carolina ................................................... 224 

South Dakota ................................................... 228 

Tennessee ................................................... 230 

Texas ................................................... 234 

Utah ................................................... 238 

Vermont ................................................... 244 

Virginia ................................................... 245 

247 

Washington ................................................... 248 

West Virginia ................................................... 250 

Wisconsin ................................................... 252 

Wyoming ................................................... 255 

v 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ALABAMA 

ALA. CODE 26-15-3. TORTURE, WILLFUL ABUSE, ETC., OF CHILD UNDER 18 YEARS 

OF AGE BY RESPONSIBLE PERSON 

A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly 

beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be 

guilty of a Class C felony. 

Responsible Person: A child's natural parent, stepparent, adoptive parent, legal guardian, 

custodian, or any other person who has the permanent or temporary care or custody or 

responsibility for the supervision of a child. 

ALA. CODE 26-15-3.1. AGGRAVATED CHILD ABUSE 

(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated 

child abuse if he or she does any of the following: 

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than 

one occasion. 

b. He or she violates Section 26-15-3 and in so doing also violates a court order 

concerning the parties or injunction. 

c. He or she violates the provisions of Section 26-15-3, which causes serious physical 

injury, as defined in Section 13A-1-2, to the child. 

(2) The crime of aggravated child abuse is a Class B felony. 

(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated 

child abuse of a child under the age of six if he or she does any of the following to a child under 

the age of six years: 

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than 

two occasions. 

b. He or she violates Section 26-15-3 and in so doing also violates a court order 

concerning the parties or injunction. 

c. He or she violates the provisions of Section 26-15-3 which causes serious physical 

injury, as defined in Section 13A-1-2, to the child. 

(2) The crime of aggravated child abuse of a child under the age of six is a Class A felony. 

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ALA. CODE 26-15-3.2 CHEMICAL ENDANGERMENT OF CHILD 

(a) A responsible person commits the crime of chemical endangerment of exposing a child to an 

environment in which he or she does any of the following: 

(1) Knowingly, recklessly or intentionally causes or permits a child to be exposed be exposed 

to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or 

drug paraphernalia as defined in Section 13A-12-260. A violation under this subdivision is a 

Class C felony. 

(2) Violates subdivision (1) and a child suffers serious physical injury by exposure to, 

ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or 

drug paraphernalia. A violation under this subdivision is a Class B felony. 

(3) Violates subdivision (1) and the exposure, ingestion, inhalation, or contact results in the 

death of the child. A violation under this subdivision is a Class A felony. 

(b) The court shall impose punishment pursuant to this section rather than imposing punishment 

authorized under any other provision of law, unless another provision of law provides for a 

greater penalty or a longer term of imprisonment. 

(c) It is an affirmative defense to a violation of this section that the controlled substance was 

provided by lawful prescription for the child, and that it was administered to the child in 

accordance with the prescription instructions provided with the controlled substance. 

ALA. CODE 13A-5-6. SENTENCES OF IMPRISONMENT FOR FELONIES 

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment 

includes hard labor, within the following limitations: 

(1) For a Class A felony, for life or not more than 99 years or less than 10 years. 

(2) For a Class B felony, not more than 20 years or less than 2 years. 

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in 

accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to 

Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5. 

(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in 

accordance with subsection (b) of Section 15-18-8. 

(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be 

used in the commission of the felony, or a Class A felony sex offense involving a child as 

defined in Section 15-20A-4, not less than 20 years. 

(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to 

be used in the commission of the felony, or a Class B felony sex offense involving a child 

as defined in Section 15-20A-4, not less than 10 years. 

2 
 

 

(b) The actual time of release within the limitations established by subsection (a) of this section 

shall be determined under procedures established elsewhere by law. 

(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an 

offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an 

offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-

20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the 

sentencing judge shall impose an additional penalty of not less than 10 years of post-release 

supervision to be served upon the defendant’s release from incarceration. 

(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an 

offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, 

when the defendant was 21 years of age or older and the victim was six years of age or less at the 

time the offense was committed, the defendant shall be sentenced to life imprisonment without 

the possibility of parole. 

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ALASKA 

ALASKA STAT. 11.41.220(A)(1) & (3). ASSAULT IN THE THIRD DEGREE 

(a) A person commits the crime of assault in the third degree if that person 

(1) recklessly 

(A) places another person in fear of imminent serious physical injury by means of a 

dangerous instrument; 

(B) causes physical injury to another person by means of a dangerous instrument; or 

(C) while being 18 years of age or older 

(i) causes physical injury to a child under 12 years of age and the injury would 

cause a reasonable caregiver to seek medical attention from a health care 

professional in the form of diagnosis or treatment; 

(ii) causes physical injury to a child under 12 years of age on more than one 

occasion; 

(2) with intent to place another person in fear of death or serious physical injury to the 

person or the person's family member, makes repeated threats to cause death or serious 

physical injury to another person; 

(3) while being 18 years of age or older, knowingly causes physical injury to a child under 

16 years of age but at least 12 years of age and the injury reasonably requires medical 

treatment; 

(4) with criminal negligence causes serious physical injury under AS 11.81.900(b)(58)(B) to 

another person by means of a dangerous instrument; or 

(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) and, within the 

preceding 10 years, the person was convicted on two or more separate occasions of crimes 

under 

(A) AS 11.41.100 — 11.41.170; 

(B) AS 11.41.200 — 11.41.220, 11.41.230(a)(1) or (2), 11.41.280, or 11.41.282; 

(C) AS 11.41.260 or 11.41.270; 

(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 

(E) a law or ordinance of this or another jurisdiction with elements similar to those of an 

offense described in (A) — (D) of this paragraph. 

(b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the 

alleged offense, the defendant reasonably believed the victim to be 16 years of age or older, 

unless the victim was under 13 years of age at the time of the alleged offense. 

4 
 

 

 

 

(c) In (a)(5) of this section, "when considering whether a conviction has occurred in the 

preceding 10 years, the date that sentence is imposed is the date that a previous conviction has 

occurred. 

(d) In this section, "the person's family member" means 

(1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of 

the person, whether related by blood, marriage, or adoption; 

(2) a person who lives or has lived, in a spousal relationship with the person; 

(3) a person who lives in the same household as the person; or 

(4) a person who is a former spouse of the person or is or has been in a dating, courtship, or 

engagement relationship with the person. 

(e) Assault in the third degree is a class C felony. 

ALASKA STAT. S 12.55.125. SENTENCES OF IMPRISONMENT FOR FELONIES 

(a) A defendant convicted of murder in the first degree or murder of an unborn child under AS 

11.41.150(a)(1) shall be sentenced to a definite term of imprisonment of at least 30 years but not 

more than 99 years. A defendant convicted of murder in the first degree shall be sentenced to a 

mandatory term of imprisonment of 99 years when 

(1) the defendant is convicted of the murder of a uniformed or otherwise clearly identified 

peace officer, firefighter, or correctional employee who was engaged in the performance of 

official duties at the time of the murder; 

(2) the defendant has been previously convicted of 

(A) murder in the first degree under AS 11.41.100 or former AS 11.15.010 or 11.15.020; 

(B) murder in the second degree under AS 11.41.110 or former AS 11.15.030; or 

(C) homicide under the laws of another jurisdiction when the offense of which the 

defendant was convicted contains elements similar to first degree murder under AS 

11.41.100 or second degree murder under AS 11.41.110; 

(3) the defendant subjected the murder victim to substantial physical torture; 

(4) the defendant is convicted of the murder of and personally caused the death of a person, 

other than a participant, during a robbery; or 

(5) the defendant is a peace officer who used the officer’s authority as a peace officer to 

facilitate the murder. 

5 
 

 

 

 

 

 

 

(b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder 

in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct 

involving a controlled substance in the first degree shall be sentenced to a definite term of 

imprisonment of at least five years but not more than 99 years. A defendant convicted of murder 

in the second degree or murder of an unborn child under AS 11.41.150(a)(2) — (4) shall be 

sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years. A 

defendant convicted of murder in the second degree shall be sentenced to a definite term of 

imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of 

the murder of a child under 16 years of age and the court finds by clear and convincing evidence 

that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a 

person occupying a position of authority in relation to the child; or (2) caused the death of the 

child by committing a crime against a person under AS 11.41.200 — 11.41.530. In this 

subsection, “legal guardian” and “position of authority” have the meanings given in AS 

11.41.470. 

(c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be 

sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to 

a definite term within the following presumptive ranges, subject to adjustment as provided in AS 

12.55.155 — 12.55.175: 

(1) if the offense is a first felony conviction and does not involve circumstances described in 

(2) of this subsection, four to seven years; 

(2) if the offense is a first felony conviction 

(A) and the defendant possessed a firearm, used a dangerous instrument, or caused 

serious physical injury or death during the commission of the offense, or knowingly 

directed the conduct constituting the offense at a uniformed or otherwise clearly 

identified peace officer, firefighter, correctional employee, emergency medical 

technician, paramedic, ambulance attendant, or other emergency responder who was 

engaged in the performance of official duties at the time of the offense, seven to 11 years; 

(B) and the conviction is for manufacturing related to methamphetamine under AS 

11.71.021(a)(2)(A) or (B), seven to 11 years if 

(i) the manufacturing occurred in a building with reckless disregard that the 

building was used as a permanent or temporary home or place of lodging for one 

or more children under 18 years of age or the building was a place frequented by 

children; or 

(ii) in the course of manufacturing or in preparation for manufacturing, the 

defendant obtained the assistance of one or more children under 18 years of age or 

one or more children were present; 

(3) if the offense is a second felony conviction, 10 to 14 years; 

(4) if the offense is a third felony conviction and the defendant is not subject to sentencing 

under (l) of this section, 15 to 20 years. 

6 
 

 

 

 

 

 

 

(d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be 

sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to 

a definite term within the following presumptive ranges, subject to adjustment as provided in AS 

12.55.155 — 12.55.175: 

(1) if the offense is a first felony conviction and does not involve circumstances described in 

(2) of this subsection, one to three years; a defendant sentenced under this paragraph may, if 

the court finds it appropriate, be granted a suspended imposition of sentence under AS 

12.55.085 if, as a condition of probation under AS 12.55.086, the defendant is required to 

serve an active term of imprisonment within the range specified in this paragraph, unless the 

court finds that a mitigation factor under AS 12.55.155 applies; 

(2) if the offense is a first felony conviction, 

(A) the defendant violated AS 11.41.130, and the victim was a child under 16 years of 

age, two to four years; 

(B) two to four years if the conviction is for attempt, solicitation, or conspiracy to 

manufacture related to methamphetamine under AS 11.31 and AS 11.71.021(a)(2)(A) or 

(B), and 

(i) the attempted manufacturing occurred, or the solicited or conspired offense was to 

have occurred, in a building with reckless disregard that the building was used as a 

permanent or temporary home or place of lodging for one or more children under 18 

years of age or the building was a place frequented by children; or 

(ii) in the course of an attempt to manufacture, the defendant obtained the assistance of 

one or more children under 18 years of age or one or more children were present; 

(3) if the offense is a second felony conviction, three to seven years; 

(4) if the offense is a third felony conviction, six to 10 years. 

(e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be 

sentenced to a definite term of imprisonment of not more than five years, and shall be sentenced 

to a definite term within the following presumptive ranges, subject to adjustment as provided in 

AS 12.55.155 — 12.55.175: 

(1) if the offense is a first felony conviction and does not involve circumstances described in 

(4) of this subsection, zero to two years; a defendant sentenced under this paragraph may, if 

the court finds it appropriate, be granted a suspended imposition of sentence under AS 

12.55.085, and the court may, as a condition of probation under AS 12.55.086, require the 

defendant to serve an active term of imprisonment within the range specified in this 

paragraph; 

7 
 

 

 

 

 

 

 

(2) if the offense is a second felony conviction, two to four years; 

(3) if the offense is a third felony conviction, three to five years; 

(4) if the offense is a first felony conviction, and the defendant violated AS 

08.54.720(a)(15), one to two years. 

(f) If a defendant is sentenced under (a) or (b) of this section, 

(1) imprisonment for the prescribed minimum or mandatory term may not be suspended 

under AS 12.55.080; 

(2) imposition of sentence may not be suspended under AS 12.55.085; 

(3) imprisonment for the prescribed minimum or mandatory term may not be reduced, 

except as provided in (j) of this section. 

(g) If a defendant is sentenced under (c), (d), (e), or (i) of this section, except to the extent 

permitted under AS 12.55.155 — 12.55.175, 

(1) imprisonment may not be suspended under AS 12.55.080 below the low end of the 

presumptive range; 

(2) and except as provided in (d)(1) or (e)(1) of this section, imposition of sentence may not 

be suspended under AS 12.55.085; 

(3) terms of imprisonment may not be otherwise reduced. 

(h) Nothing in this section or AS 12.55.135 limits the discretion of the sentencing judge except 

as specifically provided. Nothing in (a) of this section limits the court’s discretion to impose a 

sentence of 99 years imprisonment, or to limit parole eligibility, for a person convicted of murder 

in the first or second degree in circumstances other than those enumerated in (a). 

(i) A defendant convicted of 

(1) sexual assault in the first degree, sexual abuse of a minor in the first degree, unlawful 

exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the first degree under 

AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 

99 years and shall be sentenced to a definite term within the following presumptive ranges, 

subject to adjustment as provided in AS 12.55.155 — 12.55.175: 

(A) if the offense is a first felony conviction, the offense does not involve 

circumstances described in (B) of this paragraph, and the victim was 

8 
 

(i) less than 13 years of age, 25 to 35 years; 

(ii) 13 years of age or older, 20 to 30 years; 

(B) if the offense is a first felony conviction and the defendant possessed a 

firearm, used a dangerous instrument, or caused serious physical injury during the 

commission of the offense, 25 to 35 years; 

(C) if the offense is a second felony conviction and does not involve 

circumstances described in (D) of this paragraph, 30 to 40 years; 

(D) if the offense is a second felony conviction and the defendant has a prior 

conviction for a sexual felony, 35 to 45 years; 

(E) if the offense is a third felony conviction and the defendant is not subject to 

sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years; 

(F) if the offense is a third felony conviction, the defendant is not subject to 

sentencing under (l) of this section, and the defendant has two prior convictions 

for sexual felonies, 99 years; 

(2) unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 

under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in 

the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first 

degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of 

not more than 99 years and shall be sentenced to a definite term within the following 

presumptive ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175: 

(A) if the offense is a first felony conviction, the offense does not involve 

circumstances described in (B) of this paragraph, and the victim was 

(i) under 13 years of age, 20 to 30 years; 

(ii) 13 years of age or older, 15 to 30 years; 

(B) if the offense is a first felony conviction and the defendant possessed a 

firearm, used a dangerous instrument, or caused serious physical injury during the 

commission of the offense, 25 to 35 years; 

(C) if the offense is a second felony conviction and does not involve 

circumstances described in (D) of this paragraph, 25 to 35 years; 

(D) if the offense is a second felony conviction and the defendant has a prior 

conviction for a sexual felony, 30 to 40 years; 

9 
 

 

 

 

(E) if the offense is a third felony conviction, the offense does not involve 

circumstances described in (F) of this paragraph, and the defendant is not subject 

to sentencing under (l) of this section, 35 to 50 years; 

(F) if the offense is a third felony conviction, the defendant is not subject to 

sentencing under (l) of this section, and the defendant has two prior convictions 

for sexual felonies, 99 years; 

(3) sexual assault in the second degree, sexual abuse of a minor in the second degree, 

enticement of a minor under AS 11.41.452(d), indecent exposure in the first degree under 

AS 11.41.458(b)(2), or distribution of child pornography under AS 11.61.125(e)(2) may 

be sentenced to a definite term of imprisonment of not more than 99 years and shall be 

sentenced to a definite term within the following presumptive ranges, subject to 

adjustment as provided in AS 12.55.155 — 12.55.175: 

(A) if the offense is a first felony conviction, five to 15 years; 

(B) if the offense is a second felony conviction and does not involve 

circumstances described in (C) of this paragraph, 10 to 25 years; 

(C) if the offense is a second felony conviction and the defendant has a prior 

conviction for a sexual felony, 15 to 30 years; 

(D) if the offense is a third felony conviction and does not involve circumstances 

described in (E) of this paragraph, 20 to 35 years; 

(E) if the offense is a third felony conviction and the defendant has two prior 

convictions for sexual felonies, 99 years; 

(4) sexual assault in the third degree, sexual abuse of a minor in the third degree under 

AS 11.41.438(c), incest, indecent exposure in the first degree under AS 11.41.458(b)(1), 

indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), possession 

of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or 

attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual 

abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of 

child pornography, may be sentenced to a definite term of imprisonment of not more than 

99 years and shall be sentenced to a definite term within the following presumptive 

ranges, subject to adjustment as provided in AS 12.55.155 — 12.55.175: 

(A) if the offense is a first felony conviction and does not involve the 

circumstances described in (B) or (C) of this paragraph, two to 12 years; 

(B) if the offense is a first felony conviction under AS 11.61.125(e)(1) and does 

not involve circumstances described in (C) of this paragraph, four to 12 years; 

10 
 

 

 

 

 

 

(C) if the offense is a first felony conviction under AS 11.61.125(e)(1), and the 

defendant hosted, created, or helped host or create a mechanism for multi-party 

sharing or distribution of child pornography, or received a financial benefit or had 

a financial interest in a child pornography sharing or distribution mechanism, six 

to 14 years; 

(D) if the offense is a second felony conviction and does not involve 

circumstances described in (E) of this paragraph, eight to 15 years; 

(E) if the offense is a second felony conviction and the defendant has a prior 

conviction for a sexual felony, 12 to 20 years; 

(F) if the offense is a third felony conviction and does not involve circumstances 

described in (G) of this paragraph, 15 to 25 years; 

(G) if the offense is a third felony conviction and the defendant has two prior 

convictions for sexual felonies, 99 years. 

(j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 years under (a) of this 

section may apply once for a modification or reduction of sentence under the Alaska Rules of 

Criminal Procedure after serving one-half of the mandatory term without consideration of good 

time earned under AS 33.20.010, or (2) definite term of imprisonment under (l) of this section 

may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal 

Procedure after serving one-half of the definite term. A defendant may not file and a court may 

not entertain more than one motion for modification or reduction of a sentence subject to this 

subsection, regardless of whether or not the court granted or denied a previous motion. 

(k) [Repealed, § 32 ch 2 SLA 2005.] 

(l) Notwithstanding any other provision of law, a defendant convicted of an unclassified or class 

A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall 

be sentenced to a definite term of imprisonment of 99 years when the defendant has been 

previously convicted of two or more most serious felonies. If a defendant is sentenced to a 

definite term under this subsection, 

(1) imprisonment for the prescribed definite term may not be suspended under AS 

12.55.080; 

(2) imposition of sentence may not be suspended under AS 12.55.085; 

(3) imprisonment for the prescribed definite term may not be reduced, except as provided 

in (j) of this section. 

11 
 

 

 

 

 

(m) Notwithstanding (a)(4) and (f) of this section, if a court finds that imposition of a mandatory 

term of imprisonment of 99 years on a defendant subject to sentencing under (a)(4) of this 

section would be manifestly unjust, the court may sentence the defendant to a definite term of 

imprisonment otherwise permissible under (a) of this section. 

(n) In imposing a sentence within a presumptive range under (c), (d), (e), or (i) of this section, 

the total term, made up of the active term of imprisonment plus any suspended term of 

imprisonment, must fall within the presumptive range, and the active term of imprisonment may 

not fall below the lower end of the presumptive range. 

(o) [Repealed, § 179 ch. 36 SLA 2016.] 

(p) If the state seeks either (1) the imposition of a sentence under (a) of this section that would 

preclude the defendant from being awarded a good time deduction under AS 33.20.010(a) based 

on a fact other than a prior conviction; or (2) to establish a fact that would increase the 

presumptive sentencing range under (c)(2), (d)(2), (e)(4), (i)(1)(A) or (B), or (i)(2)(A) or (B) of 

this section, the factual question required to be decided shall be presented to a trial jury and 

proven beyond a reasonable doubt under procedures set by the court, unless the defendant waives 

trial by jury and either stipulates to the existence of the fact or consents to have the fact proven to 

the court sitting without a jury. Written notice of the intent to establish a fact under this 

subsection must be served on the defendant and filed with the court as provided for notice under 

AS 12.55.155(f)(2). 

(q) Other than for convictions subject to a mandatory 99-year sentence, the court shall impose, in 

addition to an active term of imprisonment imposed under (i) of this section, a minimum period 

of (1) suspended imprisonment of five years and a minimum period of probation supervision of 

15 years for conviction of an unclassified felony, (2) suspended imprisonment of three years and 

a minimum period of probation supervision of 10 years for conviction of a class A or class B 

felony, or (3) suspended imprisonment of two years and a minimum period of probation 

supervision of five years for conviction of a class C felony. The period of probation is in addition 

to any sentence received under (i) of this section and may not be suspended or reduced. Upon a 

defendant’s release from confinement in a correctional facility, the defendant is subject to the 

probation requirement under this subsection and shall submit and comply with the terms and 

requirements of the probation. 

12 
 

 

AMERICAN SAMOA 

AM. SAMOA CODE ANN. 46.3810 ENDANGERING THE WELFARE OF A CHILD 

(a) A person commits the crime of endangering the welfare of a child if: 

1) he knowingly acts in a manner that creates a substantial risk to the life, body, or health of 

a child less than 18 years old; 

2) he knowingly encourages, aids or causes a child less than 18 years old to engage in any 

conduct which causes or tends to cause a substantial risk to the life, body, or health of the 

child; or 

3) being a parent, guardian, or other person legally charged with the care or custody of a 

child less than 18 years old, he recklessly fails or refuses to exercise reasonable diligence 

in the care or control of the child to prevent a substantial risk to the life, body, or health 

of the child. 

(b) Endangering the welfare of a child is a class A misdemeanor. 

AM. SAMOA CODE ANN. 46.3811 ABUSE OF A CHILD 

(a) Abuse of a child has the meaning specified in subsection (a) 45.2001. 

(b) Abuse of a child is a class D felony. 

AM. SAMOA CODE ANN. 45.2001 DEFINITIONS 

As used in this chapter unless the context otherwise requires: 

(a)(1) "Abuse" or "child abuse or neglect" means an act or omission in one of the following 

categories which seriously threatens the health or welfare of a child: 

A. when a child exhibits evidence of serious bruising, bleeding, malnutrition, failure to 

thrive, mental injury, burns, fracture of a bone, subdural hematoma, soft tissue swelling, 

or death, and the condition or death is not justifiably explained, or where the history 

given concerning the condition or death is at variance with the degree or type of the 

condition or death, or circumstances indicate that the condition or death may not be the 

product of an accidental occurrence; 

B. when a child is subject to the sexual offenses contained in 46.3601 to 46.3617 and 

46.3802, or is allowed, permitted, or encouraged by the child's parents, legal guardian, 

custodian, or any other person responsible for the child's health and welfare, to engage in 

prostitution or be the subject of obscene or pornographic photographing, filming, or 

depicting; 

13 
 

 

 

 

 

C. any case in which the child's parents, legal guardians, custodians or any other person 

responsible for the child's health and welfare fail to take the action to provide adequate 

food, clothing, shelter, medical care, or supervision that a prudent parent would take. 

(2) In all cases, those investigating reports of child abuse shall take into account accepted 

child rearing practices of the culture. Nothing in subparagraph (a)(l)(B) refers to acts 

Which could be construed to be a reasonable exercise of parental discipline as defined in 

subsection (20) of 45.0103. 

(b) "Agency" means Child Protection Agency of the Department of Human Resources. 

(c) "Department" means the Department of Public Safety, 

(d) "Neglect" means acts which can reasonably be construed to fall under the definition of "child 

abuse or neglect" as defined in subsection (a) above, 

(e) "Receiving agency" means the Department of Health or law enforcement agency first 

receiving a report of alleged child abuse, 

(f) "Responsible person" means a child's parent, legal guardian, or custodian, any employee of a 

residential facility, any staff person providing out-of-home care or under any other settings in 

which children are provided care, or any other person responsible for the child's health and 

welfare, 

(g) "Unfounded report" means any report made under this chapter which is not supported by 

some credible evidence. 

AM. SAMOA CODE ANN. 46.2301 AUTHORIZED TERMS 

The authorized terms of sentences of imprisonment, including both prison terms and parole 

terms are: 

1) for a class A felony, life imprisonment, or a term of years not less than 10 years and not to 

exceed 30 years; 

2) for a class B felony, a term not less than 5 years and not to exceed 15 years; 

3) for a class C felony, a term of not to exceed 7 years; 

4) for a class D, a term not to exceed 5 years; 

5) for a class A, a term not to exceed one year; 

6) for a class B, a term not to exceed 6 months; 

7) for a class C misdemeanor, a term not to exceed 15 days. 

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ARIZONA 

ARIZ. REV. STAT. ANN. 13-3623. CHILD OR VULNERABLE ADULT ABUSE; 

EMOTIONAL ABUSE; CLASSIFICATION; EXCEPTIONS; DEFINITIONS 

A. Under circumstances likely to produce death or serious physical injury, any person who 

causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a 

child or vulnerable adult, who causes or permits the person or health of the child or vulnerable 

adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation 

where the person or health of the child or vulnerable adult is endangered is guilty of an offense 

as follows: 

1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is 

under fifteen years of age it is punishable pursuant to section 13-705. 

2. If done recklessly, the offense is a class 3 felony. 

3. If done with criminal negligence, the offense is a class 4 felony. 

B. Under circumstances other than those likely to produce death or serious physical injury to a 

child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical 

injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or 

permits the person or health of the child or vulnerable adult to be injured or who causes or 

permits a child or vulnerable adult to be placed in a situation where the person or health of the 

child or vulnerable adult is endangered is guilty of an offense as follows: 

1. If done intentionally or knowingly, the offense is a class 4 felony. 

2. If done recklessly, the offense is a class 5 felony. 

3. If done with criminal negligence, the offense is a class 6 felony. 

C. For the purposes of subsections A and B of this section, the terms endangered and abuse 

include but are not limited to circumstances in which a child or vulnerable adult is permitted to 

enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are 

found or equipment is possessed by any person for the purpose of manufacturing a dangerous 

drug in violation of section 13-3407, subsection A, paragraphs 3 or 4. Notwithstanding any other 

provision of this section, a violation committed under the circumstances described in this 

subsection does not require that a person have care or custody of the child or vulnerable adult. 

D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult 

who is a patient or resident in any setting in which health care, health-related services or 

assistance with one or more of the activities of daily living is provided or, having the care or 

custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable 

adult to be subjected to emotional abuse is guilty of a class 6 felony. 

15 
 

 

E. This section does not apply to: 

1. A health care provider as defined in section 36-3201 who permits a patient to die or the 

patient's condition to deteriorate by not providing health care if that patient refuses that care 

directly or indirectly through a health care directive as defined in section 36-3201, through a 

surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for 

in title 14, chapter 5, article 3. 

2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who 

would not otherwise be considered to be abused, neglected or endangered if medical treatment 

were being furnished. 

F. For the purposes of this section: 

1. "Abuse," when used in reference to a child, means abuse as defined in section 8-201, 

except for those acts in the definition that are declared unlawful by another statute of this title 

and, when used in reference to a vulnerable adult, means: 

(a) Intentional infliction of physical harm. 

(b) Injury caused by criminally negligent acts or omissions. 

(c) Unlawful imprisonment, as described in section 13-1303. 

(d) Sexual abuse or sexual assault. 

2. "Child" means an individual who is under eighteen years of age. 

3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making 

derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening 

to inflict physical or emotional harm on a vulnerable adult. 

4. "Physical injury" means the impairment of physical condition and includes any skin 

bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture 

of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any 

physical condition that imperils health or welfare. 

5. "Serious physical injury" means physical injury that creates a reasonable risk of death or 

that causes serious or permanent disfigurement, serious impairment of health or loss or 

protracted impairment of the function of any bodily organ or limb. 

6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is 

unable to protect himself from abuse, neglect or exploitation by others because of a mental or 

physical impairment. 

16 
 

 

ARIZ. REV. STAT. ANN. 13-702. FIRST TIME FELONY OFFENDERS; SENTENCING; 

DEFINITION 

A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony 

offense shall be the presumptive sentence determined pursuant to subsection D of this section. 

Except for those felonies involving a dangerous offense or if a specific sentence is otherwise 

provided, the court may increase or reduce the presumptive sentence within the ranges set by 

subsection D of this section. Any reduction or increase shall be based on the aggravating and 

mitigating circumstances listed in section 13-701, subsections D and E and shall be within the 

ranges prescribed in subsection D of this section. 

B. If a person is convicted of a felony without having previously been convicted of any felony 

and if at least two of the aggravating factors listed in section 13-701, subsection D apply, the 

court may increase the maximum term of imprisonment otherwise authorized for that offense to 

an aggravated term. If a person is convicted of a felony without having previously been 

convicted of any felony and if the court finds at least two mitigating factors listed in section 13-

701, subsection E apply, the court may decrease the minimum term of imprisonment otherwise 

authorized for that offense to a mitigated term. 

C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be 

imposed only if at least two of the aggravating circumstances are found beyond a reasonable 

doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating 

circumstance under section 13-701, subsection D, paragraph 11 shall be found to be true by the 

court, or in mitigation of the crime are found to be true by the court, on any evidence or 

information introduced or submitted to the court or the trier of fact before sentencing or any 

evidence presented at trial, and factual findings and reasons in support of these findings are set 

forth on the record at the time of sentencing. 

D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated 

sentence shall be within the range prescribed under this subsection. The terms are as follows: 

Felony Mitigated Minimum Presumptive Maximum Aggravated 

Class 2 3 years 4 years 5 years 10 years 12.5 years 

Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years 

Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years 

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years 

Class 6 .33 years .5 years 1 year 1.5 years 2 years 

E. The court shall inform all of the parties before sentencing occurs of its intent to increase or 

decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court 

fails to inform the parties, a party waives its right to be informed unless the party timely objects 

at the time of sentencing. 

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F. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state 

waive a jury in which case the trier of fact means the court. 

ARIZ. REV. STAT. ANN. 13-705. DANGEROUS CRIMES AGAINST CHILDREN; 

SENTENCES; DEFINITIONS 

A. A person who is at least eighteen years of age and who is convicted of a dangerous crime 

against children in the first degree involving sexual assault of a minor who is twelve years of 

age or younger or sexual conduct with a minor who is twelve years of age or younger shall 

be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, 

pardon or release from confinement on any basis except as specifically authorized by 31-233, 

subsection A or B until the person has served thirty-five years or the sentence is commuted. 

This subsection does not apply to masturbatory contact. 

B. Except as otherwise provided in this section, a person who is at least eighteen years of age or 

who has been tried as an adult and who is convicted of a dangerous crime against children in 

the first degree involving attempted first degree murder of a minor who is under twelve years 

of age, second degree murder of a minor who is under twelve years of age, sexual assault of a 

minor who is under twelve years of age, sexual conduct with a minor who is under twelve 

years of age or manufacturing methamphetamine under circumstances that cause physical 

injury to a minor who is under twelve years of age may be sentenced to life imprisonment 

and is not eligible for suspension of sentence, probation, pardon or release from confinement 

on any basis except as specifically authorized by 31-233, subsection A or B until the person 

has served thirty-five years or the sentence is commuted. If a life sentence is not imposed 

pursuant to this subsection, the person shall be sentenced to a term of imprisonment as 

follows: 

Minimum Presumptive Maximum 

13 years 20 years 27 years 

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or 

who has been tried as an adult and who is convicted of a dangerous crime against children in 

the first degree involving attempted first degree murder of a minor who is twelve, thirteen or 

fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen 

years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking 

a child for the purpose of prostitution, child prostitution, sexual conduct with a minor who is 

twelve, thirteen or fourteen years of age, continuous sexual abuse of a child, sex trafficking 

of a minor who is under fifteen years of age or manufacturing methamphetamine under 

circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years 

of age or involving or using minors in drug offenses shall be sentenced to a term of 

imprisonment as follows: 

Minimum Presumptive Maximum 

13 years 20 years 27 years 

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A person who has been previously convicted of one predicate felony shall be sentenced to a 

term of imprisonment as follows: 

Minimum Presumptive Maximum 

23 years 30 years 37 years 

D. Except as otherwise provided in this section, a person who is at least eighteen years of age or 

who has been tried as an adult and who is convicted of a dangerous crime against children in 

the first degree involving aggravated assault, unlawful mutilation, molestation of a child, 

commercial sexual exploitation of a minor, sexual exploitation of a minor, aggravated luring 

a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of 

imprisonment as follows: 

Minimum Presumptive Maximum 

10 years 17 years 24 years 

A person who has been previously convicted of one predicate felony shall be sentenced to a 

term of imprisonment as follows: 

Minimum Presumptive Maximum 

21 years 28 years 35 years 

E. Except as otherwise provided in this section, if a person is at least eighteen years of age or 

has been tried as an adult and is convicted of a dangerous crime against children involving 

luring a minor for sexual exploitation or unlawful age misrepresentation and is sentenced to a 

term of imprisonment, the term of imprisonment is as follows and the person is not eligible 

for release from confinement on any basis except as specifically authorized by 31-233, 

subsection A or B until the sentence imposed by the court has been served, the person is 

eligible for release pursuant to 41-1604.07 or the sentence is commuted: 

Minimum Presumptive Maximum 

5 years 10 years 15 years 

A person who has been previously convicted of one predicate felony shall be sentenced to a 

term of imprisonment as follows and the person is not eligible for suspension of sentence, 

probation, pardon or release from confinement on any basis except as specifically authorized 

by 31-233, subsection A or B until the sentence imposed by the court has been served, the 

person is eligible for release pursuant to 41-1604.07 or the sentence is commuted: 

Minimum Presumptive Maximum 

8 years 15 years 22 years 

F. Except as otherwise provided in this section, if a person is at least eighteen years of age or 

has been tried as an adult and is convicted of a dangerous crime against children involving 

sexual abuse or bestiality under 13-1411, subsection A, paragraph 2 and is sentenced to a 

19 
 

 

 

 

term of imprisonment, the term of imprisonment is as follows and the person is not eligible 

for release from confinement on any basis except as specifically authorized by 31-233, 

subsection A or B until the sentence imposed by the court has been served, the person is 

eligible for release pursuant to 41-1604.07 or the sentence is commuted: 

Minimum Presumptive Maximum 

2.5 years 5 years 7.5 years 

A person who has been previously convicted of one predicate felony shall be sentenced to a 

term of imprisonment as follows and the person is not eligible for suspension of sentence, 

probation, pardon or release from confinement on any basis except as specifically authorized 

by 31-233, subsection A or B until the sentence imposed by the court has been served, the 

person is eligible for release pursuant to 41-1604.07 or the sentence is commuted: 

Minimum Presumptive Maximum 

8 years 15 years 22 years 

G. The presumptive sentences prescribed in subsections B, C and D of this section or 

subsections E and F of this section if the person has previously been convicted of a predicate 

felony may be increased or decreased pursuant to 13-701, subsections C, D and E. 

H. Except as provided in subsection F of this section, a person who is sentenced for a dangerous 

crime against children in the first degree pursuant to this section is not eligible for suspension 

of sentence, probation, pardon or release from confinement on any basis except as 

specifically authorized by S 3 1-233, subsection A or B until the sentence imposed by the 

court has been served or commuted. 

I. A person who is convicted of any dangerous crime against children in the first degree 

pursuant to subsection C or D of this section and who has been previously convicted of two 

or more predicate felonies shall be sentenced to life imprisonment and is not eligible for 

suspension of sentence, probation, pardon or release from confinement on any basis except 

as specifically authorized by 31-233, subsection A or B until the person has served not fewer 

than thirty-five years or the sentence is commuted. 

J. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who 

has been tried as an adult and who is convicted of a dangerous crime against children in the 

second degree pursuant to subsection B, C or D of this section is guilty of a class 3 felony 

and if the person is sentenced to a term of imprisonment, the term of imprisonment is as 

follows and the person is not eligible for release from confinement on any basis except as 

specifically authorized by 31-233, subsection A or B until the person has served the sentence 

imposed by the court, the person is eligible for release pursuant to S 41-1604.07 or the 

sentence is commuted: 

Minimum Presumptive Maximum 

5 years 10 years 15 years 

20 
 

 

 

 

 

K. A person who is convicted of any dangerous crime against children in the second degree and 

who has been previously convicted of one or more predicate felonies is not eligible for 

suspension of sentence, probation, pardon or release from confinement on any basis except 

as specifically authorized by 31-233, subsection A or B until the sentence imposed by the 

court has been served, the person is eligible for release pursuant to 41-1604.07 or the 

sentence is commuted. 

L. Section 13-704, subsection J and 13-707, subsection B apply to the determination of prior 

convictions. 

M. The sentence imposed on a person by the court for a dangerous crime against children under 

subsection D of this section involving child molestation or sexual abuse pursuant to 

subsection F of this section may be served concurrently with other sentences if the offense 

involved only one victim. The sentence imposed on a person for any other dangerous crime 

against children in the first or second degree shall be consecutive to any other sentence 

imposed on the person at any time, including child molestation and sexual abuse of the same 

victim. 

N. In this section, for purposes of punishment an unborn child shall be treated like a minor who 

is under twelve years of age. 

O. A dangerous crime against children is in the first degree if it is a completed offense and is in 

the second degree if it is a preparatory offense, except attempted first degree murder is a 

dangerous crime against children in the first degree. 

P. It is not a defense to a dangerous crime against children that the minor is a person posing as a 

minor or is otherwise fictitious if the defendant knew or had reason to know the purported 

minor was under fifteen years of age. 

Q. For the purposes of this section: 

1. “Dangerous crime against children” means any of the following that is committed against 

a minor who is under fifteen years of age: 

a) Second degree murder. 

b) Aggravated assault resulting in serious physical injury or involving the discharge, use 

or threatening exhibition of a deadly weapon or dangerous instrument. 

c) Sexual assault. 

d) Molestation of a child. 

e) Sexual conduct with a minor. 

f) Commercial sexual exploitation of a minor. 

g) Sexual exploitation of a minor. 

h) Child abuse as prescribed in 13-3623, subsection A, paragraph 1. 

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i) Kidnapping. 

j) Sexual abuse. 

k) Taking a child for the purpose of prostitution as prescribed in 13-3206. 

l) Child sex trafficking as prescribed in 13-3212. 

m) Involving or using minors in drug offenses. 

n) Continuous sexual abuse of a child. 

o) Attempted first degree murder. 

p) Sex trafficking. 

q) Manufacturing methamphetamine under circumstances that cause physical injury to a 

minor. 

r) Bestiality as prescribed in 13-1411, subsection A, paragraph 2. 

s) Luring a minor for sexual exploitation. 

t) Aggravated luring a minor for sexual exploitation. 

u) Unlawful age misrepresentation. 

v) Unlawful mutilation. 

w) Sexual extortion as prescribed in 13-1428. 

2. “Predicate felony” means any felony involving child abuse pursuant to 13-3623, 

subsection A, paragraph I, a sexual offense, conduct involving the intentional or knowing 

infliction of serious physical injury or the discharge, use or threatening exhibition of a 

deadly weapon or dangerous instrument, or a dangerous crime against children in the first 

or second degree. 

22 
 

 

 

 

 

ARKANSAS 

ARK. CODE ANN. 5-13-202. BATTERY IN THE SECOND DEGREE 

(a) A person commits battery in the second degree if: 

(1) With the purpose of causing physical injury to another person, the person causes serious 

physical injury to another person; 

(2) With the purpose of causing physical injury to another person, the person causes 

physical injury to another person by means of a deadly weapon other than a firearm; 

(3) The person recklessly causes serious physical injury to another person: 

(A) By means of a deadly weapon;  or

(B) While operating or in actual physical control of a motor vehicle or motorboat if at 

the time: 

(i) The person is intoxicated;  or

(ii) The alcohol concentration in the person's breath or blood is eight-hundredths 

(0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ;  or

(4) The person knowingly, without legal justification, causes physical injury to or 

incapacitates a person he or she knows to be: 

(A)(i) A law enforcement officer, firefighter, code enforcement officer, or employee of a 

correctional facility while the law enforcement officer, firefighter, code enforcement 

officer, or employee of a correctional facility is acting in the line of duty. 

(ii) As used in this subdivision (a)(4)(A): 

(a)(1) “Code enforcement officer” means an individual charged with the duty of 

enforcing a municipal code, municipal ordinance, or municipal regulation as defined 

by a municipal code, municipal ordinance, or municipal regulation. 

(2) “Code enforcement officer” includes a municipal animal control officer;  and

(b) “Employee of a correctional facility” includes a person working under a 

professional services contract with the Division of Correction, the Division of 

Community Correction, or the Division of Youth Services; 

(B) A teacher or other school employee while acting in the course of employment; 

(C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; 

23 
 

  

 

 

 

  

(D) An officer or employee of the state while the officer or employee of the state is 

acting in the performance of his or her lawful duty; 

(E) While performing medical treatment or emergency medical services or while in the 

course of other employment relating to his or her medical training: 

(i) A physician; 

(ii) A person licensed as emergency medical services personnel, as defined in § 20-

13-202; 

(iii) A licensed or certified healthcare professional;  or

(iv) Any other healthcare provider; or 

(F) An individual who is incompetent, as defined in § 5-25-101. 

(b)(1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C 

felony. 

(2) Otherwise, battery in the second degree is a Class D felony. 

(c) As used in this section, “motorboat” means the same as defined in § 5-65-102. 

ARK. CODE ANN. 5-13-201. BATTERY IN THE FIRST DEGREE 

(a) A person commits battery in the first degree if: 

(1) With the purpose of causing serious physical injury to another person, the person causes 

serious physical injury to any person by means of a deadly weapon; 

(2) With the purpose of seriously and permanently disfiguring another person or of 

destroying, amputating, or permanently disabling a member or organ of that other person's 

body, the person causes such an injury to any person; 

(3) The person causes serious physical injury to another person under circumstances 

manifesting extreme indifference to the value of human life; 

(4) Acting alone or with one (1) or more other persons: 

(A) The person commits or attempts to commit a felony; and

24 
 

 

 

(B) In the course of and in furtherance of the felony or in immediate flight from the 

felony: 

(i) The person or an accomplice causes serious physical injury to any person under 

circumstances manifesting extreme indifference to the value of human life;  or

(ii) Another person who is resisting the felony or flight causes serious physical injury 

to any person; 

(5) With the purpose of causing serious physical injury to an unborn child or to a woman 

who is pregnant with an unborn child, the person causes serious physical injury to the 

unborn child; 

(6) The person knowingly causes physical injury to a pregnant woman in the commission of 

a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the 

pregnant woman's unborn child, and the unborn child is subsequently born alive; 

(7) The person knowingly, without legal justification, causes serious physical injury to a 

person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or 

younger; 

(8) With the purpose of causing physical injury to another person, the person causes 

physical injury to any person by means of a firearm;  or

(9) The person knowingly causes serious physical injury to any person four (4) years of age 

or younger under circumstances manifesting extreme indifference to the value of human life. 

(b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in 

which the defendant was not the only participant that the defendant: 

(1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or 

aid the battery's commission; 

(2) Was not armed with a deadly weapon; 

(3) Reasonably believed that no other participant was armed with a deadly weapon;  and

(4) Reasonably believed that no other participant intended to engage in conduct that could 

result in serious physical injury. 

(c)(1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree 

is a Class B felony. 

(2) Battery in the first degree is a Class Y felony under the circumstances described in 

subdivision (a)(2) or subdivision (a)(9) of this section. 

25 
 

 

 

 

 

 

 

 

 

(3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement 

officer or an employee of a correctional facility, and is acting in the line of duty. 

(d) As used in this section, “employee of a correctional facility” means a person who is 

employed by or working under a professional services contract with the Division of Correction 

or the Division of Community Correction. 

ARK. CODE ANN. 5-26-303. DOMESTIC BATTERING IN THE FIRST DEGREE 

(a) A person commits domestic battering in the first degree if: 

(1) With the purpose of causing serious physical injury to a family or household member, 

the person causes serious physical injury to a family or household member by means of a 

deadly weapon; 

(2) With the purpose of seriously and permanently disfiguring a family or household 

member or of destroying, amputating, or permanently disabling a member or organ of a 

family or household member's body, the person causes such an injury to a family or 

household member; 

(3) The person causes serious physical injury to a family or household member under 

circumstances manifesting extreme indifference to the value of human life; 

(4) The person knowingly causes serious physical injury to a family or household member 

he or she knows to be sixty (60) years of age or older or twelve (12) years of age or 

younger; 

(5) The person: 

(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and 

(B) For conduct that occurred within the ten (10) years preceding the commission of the 

current offense, the person has on two (2) previous occasions been convicted of any act 

of battery against a family or household member as defined by the laws of this state or by 

the equivalent laws of any other state or foreign jurisdiction; 

(6) With the purpose of causing physical injury to a family or household member, the person 

causes physical injury to a family or household member by means of a firearm; or 

(7) The person knowingly causes serious physical injury to a family or household member 

who is four (4) years of age or younger under circumstances manifesting extreme 

indifference to the value of human life. 

(b)(1) Domestic battering in the first degree is a Class B felony. 

26 
 

 

 

(2) However, domestic battering in the first degree is a: 

(A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or 

(B) Class A felony under subsection (a) of this section if: 

(i) Committed against a woman the person knew or should have known was 

pregnant; or 

(ii) The person committed one (1) or more of the following offenses within five (5) 

years of the offense of domestic battering in the first degree: 

(a) Domestic battering in the first degree; 

(b) Domestic battering in the second degree, § 5-26-304; 

(c) Domestic battering in the third degree, § 5-26-305; or 

(d) A violation of an equivalent penal law of this state or of another state or foreign 

jurisdiction. 

ARK. CODE ANN. 5-26-304. DOMESTIC BATTERING IN THE SECOND DEGREE 

(a) A person commits domestic battering in the second degree if: 

(1) With the purpose of causing physical injury to a family or household member, the person 

causes serious physical injury to a family or household member; 

(2) With the purpose of causing physical injury to a family or household member, the person 

causes physical injury to a family or household member by means of a deadly weapon; 

(3) The person recklessly causes serious physical injury to a family or household member by 

means of a deadly weapon; or 

(4) The person knowingly causes physical injury to a family or household member he or she 

knows to be sixty (60) years of age or older or twelve (12) years of age or younger. 

(b) (1) Domestic battering in the second degree is a Class C felony. 

(2) However, domestic battering in the second degree is a Class B felony if: 

(A) Committed against a woman the person knew or should have known was pregnant; 

(B) The person committed one (1) or more of the following offenses within five (5) years 

of the offense of domestic battering in the second degree: 

(i) Domestic battering in the first degree, § 5-26-303; 

(ii) Domestic battering in the second degree; 

(iii) Domestic battering in the third degree, § 5-26-305; or 

27 
 

 

  

(iv) A violation of an equivalent penal law of this state or of another state or foreign 

jurisdiction; or 

(C) The person committed two (2) or more offenses of battery against a family or 

household member as defined by a law of this state or by an equivalent law of any other 

state or foreign jurisdiction within ten (10) years of the offense of domestic battering in 

the second degree. 

ARK. CODE ANN. 5-4-401. SENTENCE 

(a) A defendant convicted of a felony shall receive a determinate sentence according to the 

following limitations: 

(1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than 

forty (40) years, or life; 

(2) For a Class A felony, the sentence shall be not less than six (6) years nor more than 

thirty (30) years; 

(3) For a Class B felony, the sentence shall be not less than five (5) years nor more than 

twenty (20) years; 

(4) For a Class C felony, the sentence shall be not less than three (3) years nor more than 

ten (10) years; 

(5) For a Class D felony, the sentence shall not exceed six (6) years;  and

(6) For an unclassified felony, the sentence shall be in accordance with a limitation of the 

statute defining the felony. 

(b) A defendant convicted of a misdemeanor may be sentenced according to the following 

limitations: 

(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year; 

(2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days; 

(3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and

(4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation 

of the statute defining the misdemeanor. 

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CALIFORNIA 

CAL. PENAL CODE 273a. WILLFUL HARM OR INJURY TO CHILD; ENDANGERING 

PERSON OR HEALTH; PUNISHMENT; CONDITIONS OF PROBATION 

(a) Any person who, under circumstances or conditions likely to produce great bodily harm or 

death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical 

pain or mental suffering, or having the care or custody of any child, willfully causes or permits 

the person or health of that child to be injured, or willfully causes or permits that child to be 

placed in a situation where his or her person or health is endangered, shall be punished by 

imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six 

years. 

(b) Any person who, under circumstances or conditions other than those likely to produce great 

bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon 

unjustifiable physical pain or mental suffering, or having the care or custody of any child, 

willfully causes or permits the person or health of that child to be injured, or willfully causes or 

permits that child to be placed in a situation where his or her person or health may be 

endangered, is guilty of a misdemeanor. 

(c) If a person is convicted of violating this section and probation is granted, the court shall 

require the following minimum conditions of probation: 

(1) A mandatory minimum period of probation of 48 months. 

(2) A criminal court protective order protecting the victim from further acts of violence or 

threats, and, if appropriate, residence exclusion or stay-away conditions. 

(3)(A) Successful completion of no less than one year of a child abuser's treatment 

counseling program approved by the probation department. The defendant shall be ordered 

to begin participation in the program immediately upon the grant of probation. The counseling 

program shall meet the criteria specified in Section 273.1. The defendant shall produce 

documentation of program enrollment to the court within 30 days of enrollment, along with 

quarterly progress reports. 

(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the 

counseling program have been paid in full, but in no case shall probation be extended beyond 

the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant 

does not have the ability to pay the fees based on the defendant's changed circumstances, the 

court may reduce or waive the fees. 

(4) If the offense was committed while the defendant was under the influence of drugs or 

alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of 

probation and shall be subject to random drug testing by his or her probation officer. 

29 
 

 

 

 

 

 

 

(5) The court may waive any of the above minimum conditions of probation upon a finding 

that the condition would not be in the best interests of justice. The court shall state on the 

record its reasons for any waiver. 

CAL. PENAL CODE S 12022.95. WILLFUL HARM OR INJURY RESULTING IN DEATH 

OF CHILD; SENTENCE ENHANCEMENT; PROCEDURAL REQUIREMENTS 

Any person convicted of a violation of Section 273a, who under circumstances or conditions 

likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or 

inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or 

custody of any child, under circumstances likely to produce great bodily harm or death, willfully 

causes or permits that child to be injured or harmed, and that injury or harm results in death, shall 

receive a four-year enhancement for each violation, in addition to the sentence provided for that 

conviction. Nothing in this paragraph shall be construed as affecting the applicability of 

subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is 

included within an accusatory pleading and admitted by the defendant or found to be true by the 

trier of fact. 

CAL. PENAL CODE 273d. CORPORAL PUNISHMENT OR INJURY OF CHILD; FELONY; 

PUNISHMENT; ENHANCEMENT FOR PRIOR CONVICTION; CONDITIONS OF 

PROBATION 

(a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or 

an injury resulting in a traumatic condition is guilty of a felony and shall be punished by 

imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in 

a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by 

both that imprisonment and fine. 

(b) Any person who is found guilty of violating subdivision (a) shall receive a four-year 

enhancement for a prior conviction of that offense provided that no additional term shall be 

imposed under this subdivision for any prison term or term imposed under the provisions of 

subdivision (h) of Section 1170 served prior to a period of 10 years in which the defendant 

remained free of both the commission of an offense that results in a felony conviction and prison 

custody or custody in a county jail under the provisions of subdivision (h) of Section 1170. 

(c) If a person is convicted of violating this section and probation is granted, the court shall 

require the following minimum conditions of probation: 

(1) A mandatory minimum period of probation of 36 months. 

(2) A criminal court protective order protecting the victim from further acts of violence or 

threats, and, if appropriate, residence exclusion or stay-away conditions. 

(3)(A) Successful completion of no less than one year of a child abuser's treatment 

counseling program. The defendant shall be ordered to begin participation in the program 

immediately upon the grant of probation. The counseling program shall meet the criteria 

30 
 

 

 

 

 

specified in Section 273.1. The defendant shall produce documentation of program enrollment 

to the court within 30 days of enrollment, along with quarterly progress reports. 

(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the 

counseling program have been paid in full, but in no case shall probation be extended beyond 

the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant 

does not have the ability to pay the fees based on the defendant's changed circumstances, the 

court may reduce or waive the fees. 

(4) If the offense was committed while the defendant was under the influence of drugs or 

alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of 

probation and shall be subject to random drug testing by his or her probation officer. 

(5) The court may waive any of the above minimum conditions of probation upon a finding 

that the condition would not be in the best interests of justice. The court shall state on the 

record its reasons for any waiver. 

CAL. PENAL CODE § 273.4 FEMALE GENITAL MUTILATION; ADDITIONAL 

PUNISHMENT 

(a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital 

mutilation, as defined in subdivision (b), the defendant shall be punished by an additional term 

of imprisonment in the state prison for one year, in addition and consecutive to the punishment 

prescribed by Section 273a. 

(b) “Female genital mutilation” means the excision or infibulation of the labia majora, labia 

minora, clitoris, or vulva, performed for nonmedical purposes. 

(c) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any 

other provision of law. 

CAL. PENAL CODE § 12022.7 TERMS OF IMPRISONMENT FOR PERSONS INFLICTING 

GREAT BODILY INJURY WHILE COMMITTING OR ATTEMPTING FELONY 

(d) Any person who personally inflicts great bodily injury on a child under the age of five years 

in the commission of a felony or attempted felony shall be punished by an additional and 

consecutive term of imprisonment in the state prison for four, five, or six years. 

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COLORADO 

COLO. REV. STAT. ANN. 18-6-401. CHILD ABUSE 

(1)(a) A person commits child abuse if such person causes an injury to a child's life or health, or 

permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's 

life or health, or engages in a continued pattern of conduct that results in malnourishment, lack 

of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that 

ultimately results in the death of a child or serious bodily injury to a child. 

(b)(I) Except as otherwise provided in subparagraph (Ill) of this paragraph (b), a person 

commits child abuse if such person excises or infibulates, in whole or in part, the labia 

majora, labia minora, vulva, or clitoris of a female child. A parent, guardian, or other person 

legally responsible for a female child or charged with the care or custody of a female child 

commits child abuse if he or she allows the excision or infibulation, in whole or in part, of 

such child's labia majora, labia minora, vulva, or clitoris. 

(II) Belief that the conduct described in subparagraph (I) of this paragraph (b) is required 

as a matter of custom, ritual, or standard practice or consent to the conduct by the child 

on whom it is performed or by the child's parent or legal guardian shall not be an 

affirmative defense to a charge of child abuse under this paragraph (b). 

(III) A surgical procedure as described in subparagraph (I) of this paragraph (b) is not a 

crime if the procedure: 

(A) Is necessary to preserve the health of the child on whom it is performed and is 

performed by a person licensed to practice medicine under article 36 of title 12, C.R.S.; 

or 

(B) Is performed on a child who is in labor or who has just given birth and is performed 

for medical purposes connected with that labor or birth by a person licensed to practice 

medicine under article 36 of title 12, C.R.S. 

(IV) If the district attorney having jurisdiction over a case arising under this paragraph 

(b) has a reasonable belief that any person arrested or charged pursuant to this 

paragraph (b) is not a citizen or national of the United States, the district attorney shall 

report such information to the immigration and naturalization service, or any successor 

agency, in an expeditious manner. 

(c)(I) A person commits child abuse if, in the presence of a child, or on the premises where a 

child is found, or where a child resides, or in a vehicle containing a child, the person 

knowingly engages in the manufacture or attempted manufacture of a controlled substance, as 

defined by section 18-18-102(5), or knowingly possesses ephedrine, pseudoephedrine, or 

phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the 

32 
 

 

 

 

 

product as an immediate precursor in the manufacture of a controlled substance. It shall be no 

defense to the crime of child abuse, as described in this subparagraph (I), that the defendant 

did not know a child was present, a child could be found, a child resided on the premises, or 

that a vehicle contained a child. 

(II) A parent or lawful guardian of a child or a person having the care or custody of a 

child who knowingly allows the child to be present at or reside at a premise or to be in a 

vehicle where the parent, guardian, or person having care or custody of the child knows 

or reasonably should know another person is engaged in the manufacture or attempted 

manufacture of methamphetamine commits child abuse. 

(III) A parent or lawful guardian of a child or a person having the care or custody of a 

child who knowingly allows the child to be present at or reside at a premises or to be in 

a vehicle where the parent, guardian, or person having care or custody of the child 

knows or reasonably should know another person possesses ephedrine, 

pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, 

with the intent to use the product as an immediate precursor in the manufacture of 

methamphetamine commits child abuse. 

(2) In this section, "child" means a person under the age of sixteen years. 

(3) The statutory privilege between patient and physician and between husband and wife shall 

not be available for excluding or refusing testimony in any prosecution for a violation of this 

section. 

(4) No person, other than the perpetrator, complication, coconspirator, or accessory, who reports 

an instance of child abuse to law enforcement officials shall be subjected to criminal or civil 

liability for any consequence of making such report unless he knows at the time of making it that 

it is untrue. 

(5) Deferred prosecution is authorized for a first offense under this section unless the provisions 

of subsection (7.5) of this section or section 18-6-401.2 apply. 

(6) Repealed by Laws 2001, Ch. 125, 1, eff. July l, 2001. 

(7)(a) Where death or injury results, the following shall apply: 

I. When a person acts knowingly or recklessly and the child abuse results in death to the 

child, it is a class 2 felony except as provided in paragraph (c) of this subsection (7). 

II. When a person acts with criminal negligence and the child abuse results in death to 

the child, it is a class 3 felony. 

III. When a person acts knowingly or recklessly and the child abuse results in serious 

bodily injury to the child, it is a class 3 felony. 

IV. When a person acts with criminal negligence and the child abuse results in serious 

bodily injury to the child, it is a class 4 felony. 

33 
 

 

 

 

V. When a person acts knowingly or recklessly and the child abuse results in any injury 

other than serious bodily injury, it is a class 1 misdemeanor; except that, if it is 

committed under the circumstances described in paragraph (e) of this subsection (7), 

then it is a class 5 felony. 

VI. When a person acts with criminal negligence and the child abuse results in any injury 

other than serious bodily injury to the child, it is a class 2 misdemeanor; except that, 

if it is committed under the circumstances described in paragraph (e) of this 

subsection (7), then it is a class 5 felony. 

(b) Where no death or injury results, the following shall apply: 

I. An act of child abuse when a person acts knowingly or recklessly is a class 2 

misdemeanor; except that, if it is committed under the circumstances described in 

paragraph (e) of this subsection (7), then it is a class 5 felony. 

II. An act of child abuse when a person acts with criminal negligence is a class 3 

misdemeanor; except that, if it is committed under the circumstances described in 

paragraph (e) of this subsection (7), then it is a class 5 felony. 

(c) When a person knowingly causes the death of a child who has not yet attained twelve 

years of age and the person committing the offense is one in a position of trust with respect to 

the child, such person commits the crime of murder in the first degree as described in section 

18-3-102(1)(f). 

(d) When a person commits child abuse as described in paragraph (c) of subsection (1) of 

this section, it is a class 3 felony. 

(e) A person who has previously been convicted of a violation of this section or of an offense 

in any other state, the United States, or any territory subject to the jurisdiction of the United 

States that would constitute child abuse if committed in this state and who commits child 

abuse as provided in subparagraph (V) or (VI) of paragraph (a) of this subsection (7) or as 

provided in subparagraph (I) or (Il) of paragraph (b) of this subsection (7) commits a class 5 

felony if the trier of fact finds that the new offense involved any of the following acts: 

I. The defendant, who was in a position of trust, as described in section 18-3-401 (3.5), 

in relation to the child, participated in a continued pattern of conduct that resulted in 

the child's malnourishment or failed to ensure the child's access to proper medical 

care; 

II. The defendant participated in a continued pattern of cruel punishment or 

unreasonable isolation or confinement of the child; 

III. The defendant made repeated threats of harm or death to the child or to a 

significant person in the child's life, which threats were made in the presence of the 

child; 

34 
 

 

 

 

 

 

 

 

 

 

IV. The defendant committed a continued pattern of acts of domestic violence, as that 

term is defined in section 18-6-800.3, in the presence of the child; or 

V. The defendant participated in a continued pattern of extreme deprivation of hygiene 

or sanitary conditions in the child's daily living environment. 

(7.3) Felony child abuse is an extraordinary risk crime that is subject to the modified 

presumptive sentencing range specified in section 18-1.3-401 (10). Misdemeanor child abuse is 

an extraordinary risk crime that is subject to the modified sentencing range specified in section 

18-1.3-501(3). 

(7.5) If a defendant is convicted of the class 2 or class 3 felony of child abuse under 

subparagraph (I) or (III) of paragraph (a) of subsection (7) of this section, the court shall 

sentence the defendant in accordance with section 18-1.3-401 (8)(d). 

(8) Repealed by Laws 1990, H.B.90-1093, 6. 

(9)(a) If a parent is charged with permitting a child to be unreasonably placed in a situation that 

poses a threat of injury to the child's life or health, pursuant to paragraph (a) of subsection (1) of 

this section, and the child was seventy-two hours old or younger at the time of the alleged 

offense, it is an affirmative defense to the charge that the parent safely, reasonably, and 

knowingly handed the child over to a firefighter, as defined in section 18-3-201 (l .5), or to a 

hospital staff member who engages in the admission, care, or treatment of patients, when the 

firefighter is at a fire station or the hospital staff member is at a hospital or community clinic 

emergency center, as defined in subsection (9)(b) of this section. 

(b) “Community clinic emergency center” means a community clinic licensed by the 

department of public health and environment pursuant to section 25-3-101(2)(a)(I)(B) that: 

I. Delivers emergency services; and 

II. Provides emergency care twenty-four hours per day and seven days a week throughout 

the year, except if located in a rural or frontier area that does not have the demand to 

support twenty-four-hour service or only operates each year during a specified time 

period due to seasonal population influx. 

35 
 

COLO. REV. STAT. 18-1.3-401. FELONIES CLASSIFIED—PRESUMPTIVE PENALTIES 

(1)(a)(I) As to any person sentenced for a felony committed after July l, 1979, and before July l, 

1984, felonies are divided into five classes which are distinguished from one another by the 

following presumptive ranges of penalties which are authorized upon conviction: 

Class Presumptive Range 

1 Life imprisonment or death 

2 Eight to twelve years plus one year of parole 

3 Four to eight years plus one year of parole 

4 Two to four years plus one year of parole 

5 One to two years plus one year of parole 

(II) As to any person sentenced for a felony committed on or after July l, 1984, and before 

July 1, 1985, felonies are divided into five classes which are distinguished from one 

another by the following presumptive ranges of penalties which are authorized upon 

conviction: 

Class Presumptive Range 

1 Life imprisonment or death 

2 Eight to twelve years 

3 Four to eight years 

4 Two to four years 

5 One to two years 

(III)(A) As to any person sentenced for a felony committed on or after July 1, 1985, except 

as otherwise provided in subsection (1)(a)(III)(E) or (1)(a)(III)(F), in addition to, or in lieu 

of, any sentence to imprisonment, probation, community corrections, or work release, a 

fine within the following presumptive ranges may be imposed for the specified classes of 

felonies: 

Class Minimum Sentence Maximum Sentence 

1 No fine No fine 

2 Five thousand dollars One million dollars 

3 Three thousand dollars Seven hundred fifty thousand dollars 

4 Two thousand dollars Five hundred thousand dollars 

5 One thousand dollars One hundred thousand dollars 

6 One thousand dollars One hundred thousand dollars 

36 
 

 

 

 

 

 

(A.5) Notwithstanding any provision of law to the contrary, any person who attempts to 

commit, conspires to commit, or commits against an elderly person any felony set forth 

in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, article 5.5 of 

this title, or section 11-51603, C.R.S., shall be required to pay a mandatory and 

substantial fine within the limits permitted by law, However, all moneys collected from 

the offender shall be applied in the following order: Costs for crime victim 

compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and 

witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; 

restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For 

purposes of this sub-subparagraph (A.5), an "elderly person" or "elderly victim" means 

a person sixty year of age or older. 

(B) Failure to pay a fine imposed pursuant to this subparagraph (III) is grounds for 

revocation of probation or revocation of a sentence to community corrections, assuming 

the defendant's ability to pay. If such a revocation occurs, the court may impose the 

maximum sentence allowable in the given sentencing ranges. 

(C) Each judicial district shall have at least one clerk who shall collect and administer 

the fines imposed under this subparagraph (III) and under section 18-1.3-501 in 

accordance with the provisions of sub-subparagraph (D) of this subparagraph (III). 

(D) All fines collected pursuant to this subparagraph (III) shall be deposited in the fines 

collection cash fund, which fund is hereby created. The general assembly shall make 

annual appropriations out of such fund for administrative and personnel costs incurred 

in the collection and administration of said fines. All unexpended balances shall revert 

to the general fund at the end of each fiscal year. 

(E) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (III), 

a person who has been twice convicted of a felony under the laws of this state, any 

other state, or the United States prior to the conviction for which he or she is being 

sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment, 

community corrections, or work release but shall be sentenced to at least the minimum 

sentence specified in subparagraph (V) of this paragraph (a) and may receive a fine in 

addition to said sentence. 

(F) On and after June 6, 2018, if a person is convicted of second degree burglary as 

described in section 18-4-203(2)(c), in addition to any other sentence, the court may 

require the person to pay a fine of at least five thousand dollars but not exceeding seven 

hundred fifty thousand dollars. 

37 
 

 

(IV) As to any person sentenced for a felony committed on or after July 1, 1985 but prior 

to July 1, 1993, felonies are divided into six classes which are distinguished from one 

another by the following presumptive ranges of penalties which are authorized upon 

conviction: 

Class Minimum Sentence Maximum Sentence 

1 Life imprisonment Death 

2 Eight years imprisonment Twenty-four years imprisonment 

3 Four years imprisonment Sixteen years imprisonment 

4 Two years imprisonment Eight years imprisonment 

5 One year imprisonment Four years imprisonment 

6 One year imprisonment Two years imprisonment 

(V)(A) Except as otherwise provided in section 18-1.3-401.5 for offenses contained in 

article 18 of this title committed on or after October l, 2013, as to any person sentenced for 

a felony committed on or after July 1, 1993, and before July 1, 2018, felonies are divided 

into six classes that are distinguished from one another by the following presumptive 

ranges of penalties that are authorized upon conviction: 

Class Minimum 

Sentence 

Maximum 

Sentence 

Mandatory 

Period of Parole 

1 Life imprisonment Death None 

2 Eight years 

imprisonment 

Twenty-four years 

imprisonment 

Five years 

3 Four years 

imprisonment 

Twelve years 

imprisonment 

Five years 

4 Two years 

imprisonment 

Six years 

imprisonment 

Three years 

5 One year imprisonment Three years 

imprisonment 

Two years 

6 One year imprisonment Eighteen months 

imprisonment 

One year 

38 
 

 

 

 

 

 

(V)(A.1) As to any person sentenced for a felony committed on or after July 1, 2018, 

felonies are divided into six classes that are distinguished from one another by the 

following presumptive ranges of penalties that are authorized upon conviction: 

Class Minimum 

Sentence 

Maximum 

Sentence 

Mandatory 

Period of Parole 

1 Life imprisonment Death None 

2 Eight years 

imprisonment 

Twenty-four years 

imprisonment 

Five years if the offense is a 

crime of violence as 

described in section 18-1.3-

406(2) 

Three years if the offense is 

not a crime of violence as 

described in section 18-1.3-

406(2) 

3 Four years 

imprisonment 

Twelve years 

imprisonment 

Three years 

4 Two years 

imprisonment 

Six years 

imprisonment 

Three years 

5 One year imprisonment Three years 

imprisonment 

Two years 

6 One year imprisonment 18 months 

imprisonment 

One year 

(B) Any person who is paroled pursuant to section 17-22.5-403, C.R.S., or any person 

who is not paroled and is discharged pursuant to law, shall be subject to the mandatory 

period of parole established pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of 

this section. Such mandatory period of parole may not be waived by the offender or 

waived or suspended by the court and shall be subject to the provisions of section 17-

22.5-403(6), C.R.S., which permits the state board of parole to discharge the offender at 

any time during the term of parole upon a determination that the offender has been 

sufficiently rehabilitated and reintegrated into society and can no longer benefit from 

parole supervision. 

(C) Notwithstanding subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, the 

mandatory period of parole for a person convicted of a felony offense committed prior 

to July 1, 1996, pursuant to part 4 of article 3 of this title, or part 3 of article 6 of this 

title, shall be five years. Notwithstanding subsection (1)(a)(V)(A) and (1)(a)(V)(A.1) of 

this section and except as otherwise provided in subsection (1)(a)(V)(C.5) of this 

section, the period of parole for a person convicted of a felony offense committed on or 

39 
 

 

 

 

 

 

after July 1, 1996, but prior to July 1, 2002, pursuant to part 4 of article 3 of this title, or 

part 3 of article 6 of this title, shall be set by the state board of parole pursuant to 

section 17-2-201 (5)(a.5), C.R.S., but in no event shall the term of parole exceed the 

maximum sentence imposed upon the inmate by the court. 

(C.3) Deleted by Laws 2002, Ch. 48, 1, eff. March 26, 2002. 

(C.5) Notwithstanding the provisions of subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of 

this section, any person sentenced for a sex offense, as defined in section 18-1.3-

1003(5), committed on or after November 1, 1998, shall be sentenced pursuant to the 

provisions of part 10 of this article 1.3. 

(C.7) Any person sentenced for a felony committed on or after July 1, 2002, involving 

unlawful sexual behavior, as defined in section as defined in section 16-22-102(9), or 

for a felony, committed on or after July 1, 2002, the underlying factual basis of which 

involved unlawful sexual behavior, and who is not subject to the provisions of part 10 

of this article 1.3, shall be subject to the mandatory period of parole specified in 

subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section. 

(D) The mandatory period of parole imposed pursuant to subsection (1)(a)(V)(A) or 

(1)(a)(V)(A.1) of this section shall commence immediately upon the discharge of an 

offender from imprisonment in the custody of the department of corrections. If the 

offender has been granted release to parole supervision by the state board of parole, the 

offender shall be deemed to have discharged the offender's sentence to imprisonment 

provided for in subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section in the same 

manner as if such sentence were discharged pursuant to law; except that the sentence to 

imprisonment for any person sentenced as a sex offender pursuant to part 10 of this 

article 1.3 shall not be deemed discharged on release of said person on parole. When an 

offender is released by the state board of parole or released because the offender's 

sentence was discharged pursuant to law, the mandatory period of parole shall be served 

by such offender. An offender sentenced for nonviolent felony offenses, as defined in 

section 17-22.5-405(5), may receive earned time pursuant to section 17-22.5-405, while 

serving a mandatory parole period in accordance with this section, but not while such 

offender is reincarcerated after a revocation of the mandatory period of parole. An 

offender who is sentenced for a felony committed on or after July 1, 1993, and paroled 

on or after January 1, 2009, shall be eligible to receive any earned time while on parole 

or after reparable following a parole revocation. The offender shall not be eligible for 

earned time while the offender is incarcerated after revocation of the mandatory period 

of parole pursuant to this subparagraph (1)(a)(V). 

(E) If an offender is sentenced consecutively for the commission of two or more felony 

offenses pursuant to subsection (1)(a)(V)(A) or (1)(a)(V)(A.1) of this section, the 

mandatory period of parole for such offender shall be the mandatory period of parole 

established for the highest-class felony of which such offender has been convicted. 

40 
 

 

(VI) Any person sentenced for a class 2, 3, 4, or 5 felony, or a class 6 felony that is the 

offender's second or subsequent felony offense, committed on or after July 1, 1998, 

regardless of the length of the person's sentence to incarceration and the mandatory period 

of parole, shall not be deemed to have fully discharged his or her sentence until said person 

has either completed or been discharged by the state board of parole from the mandatory 

period of parole imposed pursuant to subparagraph (V) of this paragraph (a). 

(b)(I) Except as provided in subsection (6) and subsection (8) of this section and in section 

18-1.3-804, a person who has been convicted of a class 2, class 3, class 4, class 5, or class 6 

felony shall be punished by the imposition of a definite sentence which is within the 

presumptive ranges set forth in paragraph (a) of this subsection (1). In imposing the sentence 

within the presumptive range, the court shall consider the nature and elements of the offense, 

the character and record of the offender, and all aggravating or mitigating circumstances 

surrounding the offense and the offender. The prediction of the potential for future criminality 

by a particular defendant, unless based on prior criminal conduct, shall not be considered in 

determining the length of sentence to be imposed. 

(II) As to any person sentenced for a felony committed on or after July 1, 1985, a person 

may be sentenced to imprisonment as described in subparagraph (I) of this paragraph (b) or 

to pay a fine that is within the presumptive ranges set forth in subparagraph (III) of 

paragraph (a) of this subsection (1) or to both such fine and imprisonment; except that any 

person who has been twice convicted of a felony under the laws of this state, any other 

state, or the United States prior to the conviction for which he or she is being sentenced 

shall not be eligible to receive a fine in lieu of any sentence to imprisonment as described 

in subparagraph (I) of this paragraph (b) but shall be sentenced to at least the minimum 

sentence specified in subparagraph (V) of paragraph (a) of this subsection (l) and may 

receive a fine in addition to said sentence. 

(II.5) Notwithstanding anything in this section to the contrary, any person sentenced for 

a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 

1998, may be sentenced to pay a fine in addition to, but not instead of, a sentence for 

imprisonment or probation pursuant to section 18-1.3-1004. 

(III) Notwithstanding anything in this section to the contrary, as to any person sentenced 

for a crime of violence, as defined in section 18-1.3-406, committed on or after July 1, 

1985, a person may be sentenced to pay a fine in addition to, but not instead of, a sentence 

for imprisonment. 

(IV) If a person is convicted of assault in the first degree pursuant to section 18-3-202 or 

assault in the second degree pursuant to section 18-3-203 and the victim is a peace officer, 

firefighter, or emergency medical service provider engaged in the performance of his or 

her duties, as defined in section 18-1.3-501 (1.5)(b), notwithstanding the provisions of 

subparagraph (III) of paragraph (a) of this subsection (1) and subparagraph (II) of this 

paragraph (b), the court shall sentence the person to the department of corrections. In 

41 
 

 

 

 

addition to a term of imprisonment, the court may impose a fine on the person pursuant to 

subparagraph (III) of paragraph (a) of this subsection (1). 

(c) Except as otherwise provided by statute, felonies are punishable by imprisonment in any 

correctional facility under the supervision of the executive director of the department of 

corrections. Nothing in this section shall limit the authority granted in part 8 of this article to 

increase sentences for habitual criminals. Nothing in this section shall limit the authority 

granted in parts 9 and 10 of this article to sentence sex offenders to the department of 

corrections or to sentence sex offenders to probation for an indeterminate term. Nothing in 

this section shall limit the authority granted in section 18-1.3-804 for increased sentences for 

habitual burglary offenders. 

(2)(a) A corporation which has been found guilty of a class 2 or class 3 felony shall be subject to 

imposition of a fine of not less than five thousand dollars nor more than fifty thousand dollars. A 

corporation which has been found guilty of a class 4, class 5, or class 6 felony shall be subject to 

imposition of a fine of not less than one thousand dollars nor more than thirty thousand dollars. 

(b) A corporation which has been found guilty of a class 2, class 3, class 4, class 5, or class 6 

felony, for an act committed on or after July 1, 1985, shall be subject to imposition of a fine 

which is within the presumptive ranges set forth in subparagraph (III) of paragraph (a) of 

subsection (1) of this section. 

(3) Every person convicted of a felony, whether defined as such within or outside this code, shall 

be disqualified from holding any office of honor, trust, or profit under the laws of this state or 

from practicing as an attorney in any of the courts of this state during the actual time of 

confinement or commitment to imprisonment or release from actual confinement on conditions 

of probation. Upon his or her discharge after completion of service of his or her sentence or after 

service under probation, the right to hold any office of honor, trust, or profit shall be restored, 

except as provided in section 4 of article XII of the state constitution. 

(4)(a) A person who has been convicted of a class 1 felony shall be punished by life 

imprisonment in the department of corrections unless a proceeding held to determine sentence 

according to the procedure set forth in section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102, results 

in a verdict that requires imposition of the death penalty, in which event such person shall be 

sentenced to death. As to any person sentenced for a class 1 felony, for an act committed on or 

after July l, 1985, and before July 1, 1990, life imprisonment shall mean imprisonment without 

the possibility of parole for forty calendar years. As to any person sentenced for a class 1 felony, 

for an act committed on or after July 1, 1990, life imprisonment shall mean imprisonment 

without the possibility of parole. 

(b)(I) Notwithstanding the provisions of sub-subparagraph (A) of subparagraph (V) of 

paragraph (a) of subsection (1) of this section and notwithstanding the provisions of 

paragraph (a) of this subsection (4), as to a person who is convicted as an adult of a class 1 

felony following direct filing of an information or indictment in the district court pursuant to 

section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 

42 
 

 

 

 

 

 

19-2-518, C.R.S., the district court judge shall sentence the person to a term of life 

imprisonment with the possibility of parole after serving a period of forty years, less any 

earned time granted pursuant to section 17-22.5-405, C.R.S. Regardless of whether the state 

board of parole releases the person on parole, the person shall remain in the legal custody of 

the department of corrections for the remainder of the person's life and shall not be 

discharged. 

(II) The provisions of this paragraph (b) shall apply to persons sentenced for offenses 

committed on or after July 1, 2006. 

(c)(I) Notwithstanding the provisions of sub-subparagraph (A) of subparagraph (V) of 

paragraph (a) of subsection (1) of this section and notwithstanding the provisions of 

paragraphs (a) and (b) of this subsection (4), as to a person who is convicted as an adult of a 

class 1 felony following a direct filing of an information or indictment in the district court 

pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant 

to section 19-2-518, C.R.S., or pursuant to either of these sections as they existed prior to 

their repeal and reenactment, with amendments, by House Bill 96-1005, which felony was 

committed on or after July 1, 1990, and before July 1, 2006, and who received a sentence to 

life imprisonment without the possibility of parole: 

(A) If the felony for which the person was convicted is murder in the first degree, as 

described in section 18-3-102 (1) (b), then the district court, after holding a hearing, 

may sentence the person to a determinate sentence within the range of thirty to fifty 

years in prison, less any earned time granted pursuant to section 17-22.5-405, C.R.S., if, 

after considering the factors described in subparagraph (II) of this paragraph (c), the 

district court finds extraordinary mitigating circumstances. Alternatively, the court may 

sentence the person to a term of life imprisonment with the possibility of parole after 

serving forty years, less any earned time granted pursuant to section 17-22.5-405, 

C.R.S. 

(B) If the felony for which the person was convicted is not murder in the first degree, as 

described in section 18-3-102 (1) (b), then the district court shall sentence the person to 

a term of life imprisonment with the possibility of parole after serving forty years, less 

any earned time granted pursuant to section 17-22.5-405, C.R.S. 

(II) In determining whether extraordinary mitigating circumstances exist, the court shall 

conduct a sentencing hearing, make factual findings to support its decision, and consider 

relevant evidence presented by either party regarding the following factors: 

(A) The diminished culpability and heightened capacity for change associated with 

youth; 

(B) The offender's developmental maturity and chronological age at the time of the 

offense and the hallmark features of such age, including but not limited to immaturity, 

impetuosity, and inability to appreciate risks and consequences; 

43 
 

 

 

 

 

 

 

 

(C) The offender's capacity for change and potential for rehabilitation, including any 

evidence of the offender's efforts toward, or amenability to, rehabilitation; 

(D) The impact of the offense upon any victim or victim's immediate family; and 

(E) Any other factors that the court deems relevant to its decision, so long as the court 

identifies such factors on the record. 

(III) If a person is sentenced to a determinate range of thirty to fifty years in prison 

pursuant to this paragraph (c), the court shall impose a mandatory period of ten years 

parole. 

(IV) If a person is sentenced to a term of life imprisonment with the possibility of parole 

after serving forty years, less any earned time granted pursuant to section 17-22.5-405, 

C.R.S., regardless of whether the state board of parole releases the person on parole, the 

person shall remain in the legal custody of the department of corrections for the remainder 

of his or her life and shall not be discharged. 

(5) In the event the death penalty as provided for in this section is held to be unconstitutional by 

the Colorado supreme court or the United States supreme court, a person convicted of a crime 

punishable by death under the laws of this state shall be punished by life imprisonment. In such 

circumstance, the court which previously sentenced a person to death shall cause such person to 

be brought before the court, and the court shall sentence such person to life imprisonment. 

(6) In imposing a sentence to incarceration, the court shall impose a definite sentence which is 

within the presumptive ranges set forth in subsection (1) of this section unless it concludes that 

extraordinary mitigating or aggravating circumstances are present, are based on evidence in the 

record of the sentencing hearing and the presentence report, and support a different sentence 

which better serves the purposes of this code with respect to sentencing, as set forth in section 

18-1-102.5. If the court finds such extraordinary mitigating or aggravating circumstances, it may 

impose a sentence which is lesser or greater than the presumptive range; except that in no case 

shall the term of sentence be greater than twice the maximum nor less than one-half the 

minimum term authorized in the presumptive range for the punishment of the offense. 

(7) In all cases, except as provided in subsection (8) of this section, in which a sentence which is 

not within the presumptive range is imposed, the court shall make specific findings on the record 

of the case, detailing the specific extraordinary circumstances which constitute the reasons for 

varying from the presumptive sentence. 

(8)(a) The presence of any one or more of the following extraordinary aggravating circumstances 

shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to 

a term of at least the midpoint in the presumptive range but not more than twice the maximum 

term authorized in the presumptive range for the punishment of a felony: 

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(I) The defendant is convicted of a crime of violence under section 18-1.3-406; 

(II) The defendant was on parole for another felony at the time of commission of the 

felony; 

(III) The defendant was on probation or was on bond while awaiting sentencing 

following revocation of probation for another felony at the time of the commission of 

the felony; 

(IV) The defendant was under confinement, in prison, or in any correctional institution as a 

convicted felon, or an escapee from any correctional institution for another felony at the 

time of the commission of a felony; 

(V) At the time of the commission of the felony, the defendant was on appeal bond 

following his or her conviction for a previous felony; 

(VI) At the time of the commission of a felony, the defendant was on probation for or on 

bond while awaiting sentencing following revocation of probation for a delinquent act that 

would have constituted a felony if committed by an adult. 

(b) In any case in which one or more of the extraordinary aggravating circumstances 

provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of 

this section shall not apply. 

(c) Nothing in this subsection (8) shall preclude the court from considering aggravating 

circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for 

sentencing the defendant to a term greater than the presumptive range for the felony. 

(d)(I) If the defendant is convicted of the class 2 or the class 3 felony of child abuse under 

section 18-6-401 or (7)(a)(III), the court shall be required to sentence the defendant to the 

department of corrections for a term of at least the midpoint in the presumptive range but not 

more than twice the maximum term authorized in the presumptive range for the punishment 

of that class felony. 

(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph 

(d) be eligible for suspension of sentence or for probation or deferred prosecution. 

(e)(I) If the defendant is convicted of the class 2 felony of sexual assault in the first degree 

under section 18-3-402(3), commission of which offense occurs prior to November I, 1998, 

the court shall be required to sentence the defendant to a term of at least the midpoint in the 

presumptive range but not more than twice the maximum term authorized in the presumptive 

range for the punishment of that class of felony. 

(II) In no case shall any defendant sentenced pursuant to subparagraph (I) of this paragraph 

(e) be eligible for suspension of sentence or probation. 

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(III) As a condition of parole under section 17-2-201 (5)(e), C.R.S., a defendant sentenced 

pursuant to this paragraph (we) shall be required to participate in a program of mental 

health counseling or receive appropriate treatment to the extent that the state board of 

parole deems appropriate to effectuate the successful reintegration of the defendant into the 

community while recognizing the need for public safety. 

(e.5) If the defendant is convicted of the class 2 felony of sexual assault under section 183-

402(5) or the class 2 felony of sexual assault in the first degree under section 18-3-402(3) as it 

existed prior to July 1, 2000, commission of which offense occurs on or after November 1, 

1998, the court shall be required to sentence the defendant to the department of corrections 

for an indeterminate sentence of at least the midpoint in the presumptive range for the 

punishment of that class of felony up to the defendant's natural life. 

(f) The court may consider aggravating circumstances such as serious bodily injury caused 

to the victim or the use of a weapon in the commission of a crime, notwithstanding the 

fact that such factors constitute elements of the offense. 

(g) If the defendant is convicted of class 4 or class 3 felony vehicular homicide under 

section 18-3-106(1)(a) or (l)(b), and while committing vehicular homicide the defendant 

was in immediate flight from the commission of another felony, the court shall be required 

to sentence the defendant to the department of corrections for a term of at least the 

midpoint in the presumptive range but not more than twice the maximum term authorized 

in the presumptive range for the punishment of the class of felony vehicular homicide of 

which the defendant is convicted. 

(9) The presence of any one or more of the following sentence-enhancing circumstances 

shall require the court, if it sentences the defendant to incarceration, to sentence the 

defendant to a term of at least the minimum in the presumptive range but not more than 

twice the maximum term authorized in the presumptive range for the punishment of a 

felony: 

(a) At the time of the commission of the felony, the defendant was charged with or was on 

bond for a felony in a previous case and the defendant was convicted of any felony in the 

previous case; 

(a.5) At the time of the commission of the felony, the defendant was charged with or was 

on bond for a delinquent act that would have constituted a felony if committed by an adult; 

(b) At the time of the commission of the felony, the defendant was on bond for having pled 

guilty to a lesser offense when the original offense charged was a felony; 

(c) The defendant was under a deferred judgment and sentence for another felony at the time 

of the commission of the felony; 

(c.5) At the time of the commission of the felony, the defendant was on bond in a juvenile 

prosecution under title 19, C.R.S., for having pled guilty to a lesser delinquent act when 

46 
 

 

the original delinquent act charged would have constituted a felony if committed by an 

adult; 

(c.7) At the time of the commission of the felony, the defendant was under a deferred 

judgment and sentence for a delinquent act that would have constituted a felony if 

committed by an adult; 

(d) At the time of the commission of the felony, the defendant was on parole for having 

been adjudicated a delinquent child for an offense which would constitute a felony if 

committed by an adult. 

(10)(a) The general assembly hereby finds that certain crimes which are listed in paragraph (b) 

of this subsection (10) present an extraordinary risk of harm to society and therefore, in the 

interest of public safety, for such crimes which constitute class 3 felonies, the maximum 

sentence in the presumptive range shall be increased by four years; for such crimes which 

constitute class 4 felonies, the maximum sentence in the presumptive range shall be increased by 

two years; for such crimes which constitute class 5 felonies, the maximum sentence in the 

presumptive range shall be increased by one year; for such crimes which constitute class 6 

felonies, the maximum sentence in the presumptive range shall be increased by six months. 

(b) Crimes that present an extraordinary risk of harm to society shall include the following: 

i. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

ii. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

iii. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

iv. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

v. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

vi. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

vii. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

viii. Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

ix. Aggravated robbery, as defined in section 18-4-302; 

x. Child abuse, as defined in section 18-6-401; 

xi. Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled 

substance with the intent to sell, distribute, manufacture, or dispense, as defined in 

section 18-18-405; 

xii. Any crime of violence, as defined in section 18-1.3-406; 

xiii. Stalking, as described in section 18-9-111 (4), as it existed prior to August 11, 2010, 

or section 18-3-602; 

xiv. Sale or distribution of materials to manufacture controlled substances, as described 

in section 18-18-412.7; 

47 
 

 

 

 

xv. Felony invasion of privacy for sexual gratification, as described in section 18-3-

405.6; 

xvi. A class 3 felony offense of human trafficking for involuntary servitude, as described 

in section 18-3-503; and 

xvii. A class 3 felony offense of human trafficking for sexual servitude, as described in 

section 18-3-504. 

(c) Repealed by Laws 2004, Ch. 200, 1, eff. Aug. 4, 2004. 

(11) When it shall appear to the satisfaction of the court that the ends of justice and the best 

interest of the public, as well as the defendant, will be best served thereby, the court shall have 

the power to suspend the imposition or execution of sentence for such period and upon such 

terms and conditions as it may deem best; except that in no instance shall the court have the 

power to suspend a sentence to a term of incarceration when the defendant is sentenced pursuant 

to a sentencing provision that requires incarceration or imprisonment in the department of 

corrections, community corrections, or jail. In no instance shall a sentence be suspended if the 

defendant is ineligible for probation pursuant to section 18-1.3-201, except upon an express 

waiver being made by the sentencing court regarding a particular defendant upon 

recommendation of the district attorney and approval of such recommendation by an order of the 

sentencing court pursuant to section 18-1.3-201(4). 

(12) Every sentence entered under this section shall include consideration of restitution as 

required by part 6 of this article and by article 18.5 of title 16, C.R.S. 

(13)(a) The court, if it sentences a defendant who is convicted of any one or more of the offenses 

specified in paragraph (b) of this subsection (13) to incarceration, shall sentence the defendant to 

a term of at least the midpoint, but not more than twice the maximum, of the presumptive range 

authorized for the punishment of the offense of which the defendant is convicted if the court 

makes the following findings on the record: 

(I) The victim of the offense was pregnant at the time of commission of the offense; and 

(II) The defendant knew or reasonably should have known that the victim of the offense 

was pregnant. 

(III) Deleted by Laws 2003, Ch. 340, 3, eff. July 1, 2003. 

(b) The provisions of this subsection (13) shall apply to the following offenses: 

(I) Murder in the second degree, as described in section 18-3-103; 

(II) Manslaughter, as described in section 18-3-104; 

(III) Criminally negligent homicide, as described in section 18-3-105; 

(IV) Vehicular homicide, as described in section 18-3-106; 

(V) Assault in the first degree, as described in section 18-3-202; 

48 
 

 

 

 

 

(VI) Assault in the second degree, as described in section 18-3-203; 

(VII) Vehicular assault, as described in section 18-3-205. 

(c) Notwithstanding any provision of this subsection (13) to the contrary, for any of the 

offenses specified in paragraph (b) of this subsection (13) that constitute crimes of violence, 

the court shall sentence the defendant in accordance with the provisions of section 18-1.3-

406. 

(14) The court may sentence a defendant to the youthful offender system created in section 18-

1.3-407 if the defendant is an eligible young adult offender pursuant to section 18-1.3-407.5. 

COLO. REV. STAT. 18-1.3-501. MISDEMEANORS CLASSIFIED—DRUG 

MISDEMEANORS AND DRUG PETTY OFFENSES CLASSIFIED—PENALTIES— 

DEFINITIONS 

(l)(a) Except as otherwise provided in subsection (1)(d) of this section, misdemeanors are 

divided into three classes that are distinguished from one another by the following penalties that 

are authorized upon conviction except as provided in subsection (1.5) of this section: 

Class Minimum Sentence Maximum Sentence 

1 Six months imprisonment, five hundred 

dollar fine, or both 

Eighteen months imprisonment, or five 

thousand dollar fine, or both 

2 Three months imprisonment, or two 

hundred and fifty dollar fine, or both 

Three hundred sixty-four days 

imprisonment, or one thousand dollar fine, 

or both 

3 Fifty dollar fine Six months imprisonment, or seven 

hundred fifty dollar fine, or both 

(b) A term of imprisonment for conviction of a misdemeanor shall not be served in a state 

correctional facility unless served concurrently with a term for conviction of a felony. 

(c) A term of imprisonment in a county jail for a conviction of a misdemeanor, petty; or 

traffic misdemeanor offense shall not be ordered to be served consecutively to a sentence to 

be served in a state correctional facility; except that if, at the time of sentencing, the court 

determines, after consideration of all the relevant facts and circumstances, that a concurrent 

sentence is not warranted, the court may order that the misdemeanor sentence be served prior 

to the sentence to be served in the state correctional facility and prior to the time the defendant 

is transported to the state correctional facility to serve all or the remainder of the defendant's 

state correctional facility sentence. 

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(d) Except as provided in subsection (1)(d.5) of this section, for purposes of sentencing a 

person convicted of a misdemeanor drug offense described in article 18 of this title 18, 

committed on or after October 1, 2013, drug misdemeanors are divided into two levels that 

are distinguished from one another by the following penalties that are authorized upon 

conviction: 

Level Minimum Sentence Maximum Sentence 

DMI Six months imprisonment, five 

hundred dollar fine, or both 

Eighteen months imprisonment, five 

thousand dollar fine, or both 

DM2 No imprisonment, fifty dollar fine Three hundred and sixty-four days 

imprisonment, seven hundred fifty dollar 

fine, or both 

(d.5)(I) It is the intention of the general assembly to classify most drug possession on and 

after March 1, 2020, as a misdemeanor offense with different sentencing options and limited 

incarceration penalties. The purpose of this sentencing scheme is to provide offenders who are 

assessed to be in need of treatment or other intervention with probation supervision in 

conjunction with effective medical and behavioral intervention and treatment. For those drug 

possessors who are not in need of treatment, sentencing by the courts system should be 

limited. This sentencing scheme recognizes that drug use and possession is primarily a health 

concern and should be treated as such by Colorado courts. 

(II) Notwithstanding the provisions of the subsection (1)(d) of this section, for the purpose 

of sentencing a person convicted of a level 1 drug misdemeanor committed on or after 

March 1, 2020, in violation of section 18-18-403.5 or 18-18-406(4)(b), a court may 

sentence an offender to probation for up to two years, with the possibility of a total of one 

hundred eighty days in county jail or, for a third or subsequent offense, a total of up to 

three hundred sixty-four days in county jail, which may be imposed in whole or in part 

during the time period of probation as a condition of probation or as a sanction for a 

violation of probation; or the court may sentence an offender to up to one hundred eighty 

days in the county jail; except that, for a third or subsequent offense, the court may 

sentence an offender to up to three hundred sixty-four days in the county jail. In addition to 

the sentence to probation or to the county jail, the offender may be punished by a fine of 

not more than one thousand dollars. 

(III) Notwithstanding the provisions of subsection (1)(d) of this section, for the purpose of 

sentencing a person convicted of a level 2 drug misdemeanor committed on or after March 

1, 2020, in violation of section 18-18-404, 18-18-406(4)(c), 18-18-406.1, or 18-18-412, a 

court may sentence an offender to probation for up to one year, with the possibility of total 

of one hundred twenty days in the county jail or, for a third or subsequent offense, a total 

of up to one hundred eighty days in county jail, which may be imposed in whole or in part 

during the time period of probation as a condition of probation or as a sanction for a 

violation of probation; or the court may sentence an offender to up to one hundred twenty 

days in the county jail; except that, for a third or subsequent offense, the court may 

50 
 

 

 

 

 

 

sentence and offender to up to one hundred eighty days in the county jail. In addition to 

the sentence to probation or to the county jail, the offender may be punished by a fine of 

not more than five hundred dollars. 

(IV) Nothing in this subsection (1)(d.5) infringes upon the authority and discretion vested 

with a district attorney to file misdemeanor charges in either district court or county court, 

which courts, pursuant to section 13-6-106, have concurrent original jurisdiction over 

violations of state law that constitute misdemeanors. District Attorneys are encouraged to 

file misdemeanor or drug charges in the court where, if there is a conviction, treatment and 

supervision can most effectively be matched to the defendant’s assessed risk and treatment 

level needs. 

(e) For each drug petty offense, the sentencing range is stated in the offense statute. 

(1.5)(a) If a defendant is convicted of assault in the third degree under section 18-3-204 and the 

victim is a peace officer, emergency medical service provider, emergency medical care provider, 

or firefighter engaged in the performance of his or her duties, notwithstanding subsection (1) of 

this section, the court shall sentence the defendant to a term of imprisonment greater than the 

maximum sentence but no more than twice the maximum sentence authorized for the same 

crime when the victim is not a peace officer, emergency medical service provider, emergency 

medical care provider, or firefighter engaged in the performance of his or her duties. In addition 

to the term of imprisonment, the court may impose a fine on the defendant under subsection (1) 

of this section. At any time after sentencing and before the discharge of the defendant's sentence, 

the victim may request that the defendant participate in restorative justice practices with the 

victim. If the defendant accepts responsibility for and expresses remorse for his or her actions 

and is willing to repair the harm caused by his or her actions, an individual responsible for the 

defendant's supervision shall make the necessary arrangements for the restorative justice 

practices requested by the victim. 

(b) As used in this section, "peace officer, emergency medical service provider, emergency 

medical care provider, or firefighter engaged in the performance of his or her duties" means a 

peace officer as described in section 16-2.5-101, C.RS., emergency medical service provider 

as defined in part I of article 3.5 of title 25, emergency medical care provider as defined by 

section 18-3-204(4), or a firefighter as defined in section 18-3-201 (l .5), who is engaged or 

acting in or who is present to engage or act in the performance of a duty, service, or function 

imposed, authorized, required, or permitted by law to be performed by a peace officer; 

emergency medical service provider, emergency medical care provider, or firefighter, whether 

or not the peace officer, emergency medical service provider, emergency medical care 

provider, or firefighter is within the territorial limits of his or her jurisdiction, if the peace 

officer, emergency medical service provider, emergency medical care provider, or firefighter 

is in uniform or the person committing an assault upon or offense against or otherwise acting 

toward the peace officer, emergency medical service provider, emergency medical care 

provider, or firefighter knows or reasonably should know that the victim is a peace officer, 

emergency medical service provider, emergency medical care provider, or firefighter or if the 

peace officer, emergency medical service provider, emergency medical care provider, or 

51 
 

 

 

 

 

 

 

firefighter is intentionally assaulted in retaliation for the performance of his or her official 

duties. 

(1.7) (a) If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 or 

reckless endangerment pursuant to section 18-3-208 and the victim is a mental health 

professional employed by or under contract with the department of human services engaged in 

the performance of his or her duties, notwithstanding the provisions of subsection (l) of this 

section, the court may sentence the defendant to a term of imprisonment greater than the 

maximum sentence but not more than twice the maximum sentence authorized for the crime 

when the victim is not a mental health professional employed by or under contract with the 

department of human services engaged in the performance of his or her duties. In addition to a 

term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) 

of this section. 

(b) "Mental health professional" means a mental health professional licensed to practice 

medicine pursuant to article 240 of title 12 or a person licensed as a mental health 

professional pursuant to article 245 of title 12, a person licensed as a nurse pursuant to article 

255 of title 12, a nurse aide certified pursuant to article 260 of title 12, and a psychiatric 

technician licensed pursuant to article 295 of title 12. 

(2) The defendant may be sentenced to perform a certain number of hours of community or 

useful public service in addition to any other sentence provided by subsection (1) of this section, 

subject to the conditions and restrictions of section 18-1.3-507. An inmate in county jail acting 

as a trustee shall not be given concurrent credit for community or useful public service when 

such service is performed in his or her capacity as trustee, For the purposes of this subsection 

(2), "community or useful public service" means any work which is beneficial to the public, any 

public entity, or any bona fide nonprofit private or public organization, which work involves a 

minimum of direct supervision or other public cost and which work would not, with the exercise 

of reasonable care, endanger the health or safety of the person required to work. 

(3)(a) The general assembly hereby finds that certain misdemeanors which are listed in 

paragraph (b) of this subsection (3) present an extraordinary risk of harm to society and 

therefore, in the interest of public safety, the maximum sentence for such misdemeanors shall be 

increased by six months. 

(b) Misdemeanors that present an extraordinary risk of harm to society shall include the 

following: 

(I) Assault in the third degree, as defined in section 18-3-204; (I.5)(A) Sexual assault, as 

defined in section 18-3-402; or (B) Sexual assault in the second degree, as defined in 

section 18-3-403, as it existed prior to July l, 2000; 

(II)(A) Unlawful sexual contact, as defined in section 18-3-404; or (B) Sexual assault in 

the third degree, as defined in section 18-3-404, as it existed prior to July I, 2000; 

(III) Child abuse, as defined in section 18-6-401 (7)(a)(V); 

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(IV) Second and all subsequent violations of a protection order as defined in section 18-6-

803.5(1.5)(a.5); 

(V) Misdemeanor failure to register as a sex offender, as described in section 18-3-412.5; 

and 

(VI) Misdemeanor invasion of privacy for sexual gratification, as described in section 18-

3-405.6; 

(VII) False reporting of an emergency, as described in section 18-8-111. 

(4) Notwithstanding any provision of law to the contrary, any person who attempts to commit, 

conspires to commit, or commits against an elderly person any misdemeanor set forth in part 4 of 

article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, or article 5.5 of this title shall be 

required to pay a mandatory and substantial fine within the limits permitted by law. However, all 

moneys collected from the offender shall be applied in the following order: Costs for crime 

victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and 

witnesses’ assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; 

restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of 

this subsection (4), an "elderly person" or "elderly victim" means a person sixty years of age or 

older. 

(5) Every sentence entered under this section shall include consideration of restitution as 

required by part 6 of this article and by article 18.5 of title 16, C.R.S. 

(6) For a defendant who is convicted of assault in the third degree, as described in section 18-3-

204, the court, in addition to any fine the court may impose, shall sentence the defendant to a 

term of imprisonment of at least six months, but not longer than the maximum sentence 

authorized for the offense, as specified in this section, which sentence shall not be suspended in 

whole or in part, if the court makes the following findings on the record: 

a) The victim of the offense was pregnant at the time of commission of the offense; and 

b) The defendant knew or should have known that the victim of the offense was pregnant. 

c) Deleted by Laws 2003, Ch. 340, 4, July 1, 2003. 

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CONNECTICUT 

CONN. GEN. STAT. ANN. 53-20. CRUELTY TO PERSONS 

(a)(l) Any person who intentionally tortures, torments or cruelly or unlawfully punishes another 

person or intentionally deprives another person of necessary food, clothing, shelter or proper 

physical care shall be guilty of a class D felony. 

(2) Any person who, with criminal negligence, deprives another person of necessary food, 

clothing, shelter or proper physical care shall be fined not more than five hundred dollars or 

imprisoned not more than one year, or both. 

(b)(1) Any person who, having the control and custody of any child under the age of nineteen 

years, in any capacity whatsoever, intentionally maltreats, tortures, overworks or cruelly or 

unlawfully punishes such child or intentionally deprives such child of necessary food, clothing 

or shelter shall be guilty of a class D felony. 

(2) Any person who, having the control and custody of any child under the age of nineteen 

years, in any capacity whatsoever, with criminal negligence, deprives such child of necessary 

food, clothing or shelter shall be fined not more than five hundred dollars or imprisoned not 

more than one year, or both. 

CONN. GEN. STAT. ANN. 53A-35A. IMPRISONMENT FOR FELONY COMMITTED ON 

OR AFTER JULY 1, 1981. DEFINITE SENTENCE. AUTHORIZED TERM 

For any felony committed on or after July 1, 1981, the sentence of imprisonment shall be a 

definite sentence and, unless the section of the general statutes that defines or provides the 

penalty for the crime specifically provides otherwise, the term shall be fixed by the court 

as follows: 

1. (A) For a capital felony committed prior to April 25, 2012, under the provisions of section 

53a-54b in effect prior to April 25, 2012, a term of life imprisonment without the possibility 

of release unless a sentence of death is imposed in accordance with section 53a-46a, or (B) 

for the class A felony of murder with special circumstances committed on or after April 25, 

2012, under the provisions of section 53a-54b in effect on or after April 25, 2012, a term of 

life imprisonment without the possibility of release; 

2. For the class A felony of murder, a term not less than twenty-five years nor more than life; 

3. For the class A felony of aggravated sexual assault of a minor under section 53a-70c, a term 

not less than twenty-five years or more than fifty years; 

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4. For a class A felony other than an offense specified in subdivision (2) or (3) of this section, a 

term not less than ten years nor more than twenty-five years; 

5. For the class B felony of manslaughter in the first degree with a firearm under section 

53a55a, a term not less than five years nor more than forty years; 

6. For a class B felony other than manslaughter in the first degree with a firearm under section 

53a-55a, a term not less than one year nor more than twenty years; 

7. For a class C felony, a term not less than one year nor more than ten years; 

8. For a class D felony, a term not more than five years; 

9. For a class E felony, a term not more than three years; and 

10. For an unclassified felony, a term in accordance with the sentence specified in the section of 

the general statutes that defines or provides the penalty for the crime. 

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DELAWARE 

DEL. CODE. ANN. TIT. 11, 1102. ENDANGERING THE WELFARE OF A CHILD; 

CLASS E OR G FELONY 

(a) A person is guilty of endangering the welfare of a child when: 

(1) Being a parent, guardian or any other person who has assumed responsibility for the care 

or supervision of a child the person: 

a. Intentionally, knowingly or recklessly acts in a manner likely to be injurious to the 

physical, mental or moral welfare of the child; or 

b. Intentionally, knowingly or recklessly does or fails to do any act, including failing to 

report a missing child, with the result that the child becomes a neglected or abused 

child; or 

(2) The person knowingly contributes to the delinquency of any child less than 18 years old 

by doing or failing to do any act with the result, alone or in conjunction with other acts or 

circumstances, that the child becomes a delinquent child; or 

(3) The person knowingly encourages, aids, abets or conspires with the child to run away 

from the home of the child’s parents, guardian or custodian; or the person knowingly and 

illegally harbors a child who has run away from home; or 

(4) The person commits any violent felony, or reckless endangering second degree, assault 

third degree, terroristic threatening, unlawful imprisonment second degree, or child abuse 

third degree against a victim, knowing that such felony or misdemeanor was witnessed, either 

by sight or sound, by a child less than 18 years of age who is a member of the person’s family 

or the victim’s family; or 

(5) The person commits the offense of driving under the influence as set forth in § 4177 of 

Title 21, or the offense of operating a vessel or boat under the influence as set forth in § 2302 

of Title 23, and during the commission of the offense knowingly permits a child less than 18 

years of age to be a passenger in or on such vehicle, vessel or boat; or 

(6) The person commits any offense set forth in Chapter 47 of Title 16 in any dwelling, 

knowing that any child less than 18 years of age is present in the dwelling at the time; or 

(7) The person provides or permits a child to consume or inhale any substance not prescribed 

to the child by a physician, as defined in §§ 4714, 4716, 4718, 4720, and 4722 of Title 16. 

(b) Endangering the welfare of a child shall be punished as follows: 

(1) When the death of a child occurs while the child’s welfare was endangered as defined in 

subsection (a) of this section, endangering the welfare of a child is a class E felony; 

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(2) When serious physical injury to a child occurs while the child’s welfare was endangered 

as defined in subsection (a) of this section, endangering the welfare of a child is a class G 

felony; 

(3) When a child becomes the victim of a sexual offense as defined in § 761(i) of this title 

while the child’s welfare was endangered as defined in subsection (a) of this section, 

endangering the welfare of a child is a class G felony; 

(4) In all other cases, endangering the welfare of a child is a class A misdemeanor. 

(c) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2) or (b)(3) of 

this section, it is not necessary to prove the person’s state of mind or liability for causation with 

regard to the resulting death of or physical injury to the child or sexual offense against the child, 

notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or 

any other statutes to the contrary. 

DEL. CODE. ANN. TIT. 11, S 1103. CHILD ABUSE IN THE THIRD DEGREE; CLASS A 

MISDEMEANOR 

(a) A person is guilty of child abuse in the third degree when: 

(1) The person recklessly or intentionally causes physical injury to a child through an act of 

abuse and/or neglect of such child; or 

(2) The person recklessly or intentionally causes physical injury to a child when the person 

has engaged in a previous pattern of abuse and/or neglect of such child. 

(b) This offense shall be a class A misdemeanor. 

DEL. CODE. ANN. TIT. 11, 1103A. CHILD ABUSE IN THE SECOND DEGREE; CLASS G 

FELONY 

(a) A person is guilty of child abuse in the second degree when; 

1) The person intentionally or recklessly causes physical injury to a child who is 3 years of 

age or younger, or 

2) The person intentionally or recklessly causes physical injury to a child who has 

significant intellectual or developmental disabilities; 

3) The person intentionally or recklessly causes physical injury to a child by means of a 

deadly weapon or dangerous instrument. 

(b) This offense shall be a class G felony. 

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DEL. CODE. ANN. TIT. 11, 1103B. CHILD ABUSE IN THE FIRST DEGREE; CLASS B 

FELONY 

A person is guilty of child abuse in the first degree when the person recklessly or intentionally 

causes serious physical injury to a child: 

1) Through an act of abuse and/or neglect of such child; or 

2) When the person has engaged in a previous pattern of abuse and/or neglect of such child. 

Child abuse in the first degree is a class B felony. 

DEL. CODE ANN. TIT. 11, 4205. SENTENCE FOR FELONIES 

(a) A sentence of incarceration for a felony shall be a definite sentence. 

(b) The term of incarceration which the court may impose for a felony is fixed as follows: 

(1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V 

except for conviction of first degree murder in which event § 4209 of this title shall apply. 

(2) For a class B felony not less than 2 years up to 25 years to be served at Level V. 

(3) For a class C felony up to 15 years to be served at Level V. 

(4) For a class D felony up to 8 years to be served at Level V. 

(5) For a class E felony up to 5 years to be served at Level V. 

(6) For a class F felony up to 3 years to be served at Level V. 

(7) For a class G felony up to 2 years to be served at Level V. 

(c) In the case of the conviction of any felony, the court shall impose a sentence of Level V 

incarceration where a minimum sentence is required by subsection (b) of this section and may 

impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this 

section for each class of felony. 

(d) Where a minimum, mandatory, mandatory minimum or minimum mandatory sentence is 

required by subsection (b) of this section, such sentence shall not be subject to suspension by the 

court. 

(e) Where no minimum sentence is required by subsection (b) of this section, or with regard to 

any sentence in excess of the minimum required sentence, the court may suspend that part of the 

sentence for probation or any other punishment set forth in § 4204 of this title. 

(f) Any term of Level V incarceration imposed under this section must be served in its entirety 

at Level V, reduced only for earned "good time'' as set forth in § 4381 of this title. 

58 
 

 

 

 

 

 

 

(g) No term of Level V incarceration imposed under this section shall be served in other than a 

full custodial Level V institutional setting unless such term is suspended by the court for such 

other level sanction. 

(h) The Department of Correction, the remainder of this section notwithstanding, may house 

Level V inmates at a Level IV work release center or halfway house during the last 180 days of 

their sentence; provided, however, that the first 5 days of any sentence to Level V, not suspended 

by the court, must be served at Level V. 

(i) The Department of Correction, the remainder of this section notwithstanding, may grant 

Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their 

adjustment to the community. 

(j) No sentence to Level V incarceration imposed pursuant to this section is subject to parole. 

(k) In addition to the penalties set forth above, the court may impose such fines and penalties as 

it deems appropriate. 

(l) In all sentences for less than 1 year the court may order that more than 5 days be served in 

Level V custodial setting before the Department may place the offender in Level IV custody. 

DEL. CODE ANN. TIT.11, 4106A. ADDITIONAL PENALTY FOR SERIOUS SEX 

OFFENDERS OR PEDOPHILE OFFENDERS 

(a) Notwithstanding any provision of this chapter or any other laws to the contrary, a defendant 

convicted of any crime set forth in § 771(a)(2), § 772, § 773, § 776, § 777, § 777A, § 778(1) or 

(2) of this title shall be sentenced to not less than 25 years up to life imprisonment to be served at 

Level V if: 

(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense 

set forth in this title and classified as a class A or B felony, or any similar offense under the 

laws of another state, the United States or any territory thereof; or 

(2) The victim of the instant offense is a child less than 14 years of age. 

(b) A fiscal report on the financial impact of this legislation shall be submitted by the Criminal 

Justice Coordinator or designee to the Controller General and Chairpersons of the Joint Finance 

Committee no later than March 15, 2008, after consultation with the Chief Judge of Superior 

Court, the Commissioner of Corrections, the Attorney General and Chief Defender or their 

designee. 

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DEL. CODE ANN. TIT. 11, 4206. SENTENCE FOR MISDEMEANORS 

(a) The sentence for a class A misdemeanor may include up to I year incarceration at Level V 

and such fine up to $2,300, restitution or Other conditions as the court deems appropriate. 

(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level 

V and such fine up to $1,150, restitution or other conditions as the court deems appropriate. 

(c) The sentence for an unclassified misdemeanor shall be a definite sentence fixed by the court 

in accordance with the sentence specified in the law defining the offense. If no sentence is 

specified in such law, the sentence may include up to 30 days incarceration at Level V and 

such fine up to $575, restitution or other conditions as the court deems appropriate. 

Notwithstanding the foregoing, in any municipality with a population greater than 50,000 

people, any offense under the building, housing, health or sanitation code which is classified 

therein as a misdemeanor, the sentence for any person convicted of such a misdemeanor 

offense shall include the following fines and may include restitution or such other conditions 

as the court deems appropriate: 

1) For the 1st conviction: no less than $250, nor more than $1,000; 

2) For the 2nd conviction for the same offense; no less than $500, nor more than $2,500; 

and 

3) For all subsequent convictions for the same offense: no less than $1,000 nor more than 

$5,000. 

In any municipality with a population greater than 50,000 people, a conviction for a 

misdemeanor offense, which is defined as a "continuing" or "ongoing" violation, shall be 

considered a single conviction for the purposes of paragraphs (c)(1)–(3) of this subsection. For 

all convictions subsequent to the 2nd, the minimum fines required herein shall not be suspended, 

but such amounts imposed over the minimum may be suspended or subject to such other 

conditions as the court deems appropriate. The provisions of this subsection relating to 

municipalities with a population greater than 50,000 people shall not apply to offenses or 

convictions involving single family residences that are occupied by an owner of the property. 

(d) The court may suspend any sentence imposed under this section for probation or any of the 

other sanctions set forth in 4204 of this title. 

(e) Any term of Level V incarceration imposed under this section must be served in its entirety 

at Level V, reduced only for earned "good time" as set forth in 4381 of this title. 

(f) No term of Level V incarceration imposed under this section shall be served in other than a 

full custodial Level V institutional setting unless such term is suspended by the court for 

such other level sanction, 

(g) The Department of Correction, the remainder of this section notwithstanding, may house 

Level V inmates at a Level IV work release center or halfway house during the last 180 days 

60 
 

 

 

of their sentence; provided, however, that the first 5 days of any sentence to Level V, not 

suspended by the court, must be served at Level V. 

(h) The Department of Correction, the remainder of this section notwithstanding, may grant 

Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their 

adjustment to the community. 

(i) Any sentence for issuing a worthless check pursuant to §900 of this title shall require 

restitution to the person to whom the check was given. For the purposes of this subsection, 

restitution shall mean the amount for which the check was written plus a service fee of S30 

for processing a worthless check, or a fee of $50 if more than 1 check by same person was 

processed. 

(j) In all sentences for less than I year the court may order that more than 5 days be served in 

Level V custodial setting before the Derailment may place the offender in Level IV custody. 

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DISTRICT OF COLUMBIA 

D.C. CODE 22-1101. DEFINITION AND PENALTY 

(a) A person commits the crime of cruelty to children in the first degree if that person 

intentionally, knowingly, or recklessly tortures, beats, or otherwise willfully maltreats a child 

under 18 years of age or engages in conduct which creates a grave risk of bodily injury to a 

child, and thereby causes bodily injury. 

(b) A person commits the crime of cruelty to children in the second degree if that person 

intentionally, knowingly, or recklessly: 

(1) Maltreats a child or engages in conduct which causes a grave risk of bodily injury to a 

child; or 

(2) Exposes a child, or aids and abets in exposing a child in any highway, street, field house, 

outhouse or other place, with intent to abandon the child. 

(c)(1) Any person convicted of cruelty to children in the first degree shall be fined not more than 

the amount set forth in 22-3571.01 or be imprisoned not more than 15 years, or both. 

(2) Any person convicted of cruelty to children in the second degree shall be fined not more 

than the amount set forth in 22-3571.01 or be imprisoned not more than 10 years, or both. 

D.C. CODE 22-3611. ENHANCED PENALTIES FOR CRIMES AGAINST MINORS. 

(a) Any adult, being at least 2 years older than a minor, who commits a crime of violence against 

that minor may be punished by a fine of up to 11/2 times the maximum fine otherwise authorized 

for the offense and may be imprisoned for a term of up to 11

/2 times the maximum term of 

imprisonment otherwise authorized for the offense, or both. 

(b) It is an affirmative defense that the accused reasonably believed that the victim was not a 

minor at the time of the offense. This defense shall be established by a preponderance of the 

evidence. 

(c) For the purposes of this section, the term: 

(1) "Adult" means some 18 years of age or older at the time of the offense. 

(2) "Crime of violence" shall have the same meaning as provided in 23-1331(4). 

(3) "Minor" means a person under 18 years of age at the time of the offense. 

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FLORIDA 

FLA. STAT. ANN. 827.03. ABUSE, AGGRAVATED ABUSE, AND NEGLECT OF A 

CHILD; PENALTIES 

(1) DEFINITIONS.—As used in this section, the term: 

(a) “Aggravated child abuse” occurs when a person: 

1. Commits aggravated battery on a child; 

2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; 

or 

3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, 

permanent disability, or permanent disfigurement to the child. 

(b) “Child abuse” means: 

1. Intentional infliction of physical or mental injury upon a child; 

2. An intentional act that could reasonably be expected to result in physical or mental 

injury to a child; or 

3. Active encouragement of any person to commit an act that results or could 

reasonably be expected to result in physical or mental injury to a child. 

(c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. 

Maliciousness may be established by circumstances from which one could conclude that a 

reasonable parent would not have engaged in the damaging acts toward the child for any valid 

reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or 

injury. 

(d) “Mental injury” means injury to the intellectual or psychological capacity of a child as 

evidenced by a discernible and substantial impairment in the ability of the child to function 

within the normal range of performance and behavior as supported by expert testimony. 

(e) “Neglect of a child” means: 

1. A caregiver’s failure or omission to provide a child with the care, supervision, and 

services necessary to maintain the child’s physical and mental health, including, but 

not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical 

services that a prudent person would consider essential for the well-being of the 

child; or 

2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, 

neglect, or exploitation by another person. 

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Except as otherwise provided in this section, neglect of a child may be based on repeated 

conduct or on a single incident or omission that results in, or could reasonably be expected to 

result in, serious physical or mental injury, or a substantial risk of death, to a child. 

(2) OFFENSES.— 

(a) A person who commits aggravated child abuse commits a felony of the first degree, 

punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

(b) A person who willfully or by culpable negligence neglects a child and in so doing causes 

great bodily harm, permanent disability, or permanent disfigurement to the child commits a 

felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

(c) A person who knowingly or willfully abuses a child without causing great bodily harm, 

permanent disability, or permanent disfigurement to the child commits a felony of the third 

degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

(d) A person who willfully or by culpable negligence neglects a child without causing great 

bodily harm, permanent disability, or permanent disfigurement to the child commits a felony 

of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

(3) EXPERT TESTIMONY.— 

(a) Except as provided in paragraph (b), a physician may not provide expert testimony in a 

criminal child abuse case unless the physician is a physician licensed under chapter 458 or 

chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or 

s. 459.0066. 

(b) A physician may not provide expert testimony in a criminal child abuse case regarding 

mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 

who has completed an accredited residency in psychiatry or has obtained certification as an 

expert witness pursuant to s. 458.3175 or s. 459.0066. 

(c) A psychologist may not give expert testimony in a criminal child abuse case regarding 

mental injury unless the psychologist is licensed under chapter 490. 

(d) The expert testimony requirements of this subsection apply only to criminal child abuse 

and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases 

involving sexual battery of a child pursuant to chapter 794 and not to family court cases. 

64 
 

FLA. STAT. ANN. 775.082. PENALTIES; APPLICABILITY OF SENTENCING 

STRUCTURES; MANDATORY MINIMUM SENTENCES FOR CERTAIN REOFFENDERS 

PREVIOUSLY RELEASED FROM PRISON 

(l)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony 

shall be punished by death if the proceeding held to determine sentence according to the 

procedure set forth in s. 921.141 results in findings by the court that such person shall be 

punished by death, otherwise such person shall be punished by life imprisonment and shall be 

ineligible for parole, 

(b) 1. A person who actually killed, intended to kill, or attempted to kill the victim and who is 

convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital 

felony, which was committed before the person attained 18 years of age shall be punished by 

a term of imprisonment for life if, after a sentencing hearing conducted by the court in 

accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. 

If the court finds that life imprisonment is not an appropriate sentence, such person shall be 

punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this 

subparagraph is entitled to a review of his or her sentence in accordance with s. 

921.1402(2)(a). 

2. A person who did not actually kill, intend to kill, or attempt to kill the victim and who is 

convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital 

felony, which was committed before the person attained 18 years of age may be punished by 

a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing 

conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment 

is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 

15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c). 

3. The court shall make a written finding as to whether a person is eligible for a sentence 

review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based upon whether the 

person actually killed, intended to kill, or attempted to kill the victim. The court may find that 

multiple defendants killed, intended to kill, or attempted to kill the victim. 

(2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida 

Supreme Court or the United States Supreme Court, the court having jurisdiction over a person 

previously sentenced to death for a capital felony shall cause such person to be brought before 

the court, and the court shall sentence such person to life imprisonment as provided in 

subsection (1). No sentence of death shall be reduced as a result of a determination that a method 

of execution is held to be unconstitutional under the State Constitution or the Constitution of the 

United States. 

(3) A person who has been convicted of any other designated felony may be punished as 

follows: 

(a) 1. For a life felony committed before October 1, 1983, by a term of imprisonment for life 

or for a term of at least 30 years. 

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2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life 

or by a term of imprisonment not exceeding 40 years. 

3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, 

by a term of imprisonment for life or by imprisonment for a term of years not exceeding life 

imprisonment. 

4.a. Except as provided in sub-subparagraph b., for a life felony committed on or after 

September l, 2005, which is a violation of s. 800.04(5)(b), by: 

(I) A term of imprisonment for life; or 

(II) A split sentence that is a term of at least 25 years' imprisonment and not exceeding life 

imprisonment, followed by probation or community control for the remainder of the 

person's natural life, as provided in s. 948.012(4). 

b. For a life felony committed on or after July I, 2008, which is a person's second or 

subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life. 

5. Not with standing subparagraphs 1.-4., a person who is convicted under s. 782.04 of an 

offense that was reclassified as a life felony which was committed before the person attained 

18 years of age may be punished by a term of imprisonment for life or by a term of years 

equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 

921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an 

appropriate sentence. 

a. A person who actually killed, intended to kill, or attempted to kill the victim and is 

sentenced to a term of imprisonment of more than 25 years is entitled to a review of his 

or her sentence in accordance with s.. 921.1402(2)(b). 

b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is 

sentenced to a term of imprisonment of more than 15 years is entitled to a review of his 

or her sentence in accordance with s. 921.1402(2)(c). 

c. The court shall make a written finding as to whether a person is eligible for a sentence 

review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon 

whether the person actually killed, intended to kill, or attempted to kill the victim. The 

court may find that multiple defendants killed, intended to kill, or attempted to kill the 

victim, 

6. For a life felony committed on or after October 1, 2014, which is a violation of s. 

787.06(3)(g), by a term of imprisonment for life. 

(b) 1. For a felony of the first degree, by a term of imprisonment not exceeding 30 years 

or, when specifically provided by statute, by imprisonment for a term of years not 

exceeding life imprisonment. 

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2. Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree 

felony punishable by a term of years not exceeding life imprisonment, or an offense that 

was reclassified as a first degree felony punishable by a term of years not exceeding 

life, which was committed before the person attained 18 years of age may be punished 

by a term of years equal to life imprisonment if the judge conducts a sentencing hearing 

in accordance with s. 921.1401 and finds that a term of years equal to life imprisonment 

is an appropriate sentence. 

b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is 

sentenced to a term of imprisonment of more than 15 years is entitled to a review 

of his or her sentence in accordance with s. 921.1402(2)(c). 

c. The court shall make a written finding as to whether a person is eligible for a 

sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be 

based upon whether the person actually killed, intended to kill, or attempted to kill 

the victim, the court may find that multiple defendants killed, intended to kill, or 

attempted to kill the victim. 

(c) Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not 

included in s. 782.04 but that is an offense that is a life felony or is punishable by a term 

of imprisonment for life or by a term of years not exceeding life imprisonment, or an 

offense that was reclassified as a life felony or an offense punishable by a term of 

imprisonment for life or by a term of years not exceeding life imprisonment, which was 

committed before the person attained 18 years of age may be punished by a term of 

imprisonment for life or a term of years equal to life imprisonment if the judge conducts 

a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a 

term of years equal to life imprisonment is an appropriate sentence. A person who is 

sentenced to a term of imprisonment of more than 20 years is entitled to a review of his 

or her sentence in accordance with s. 921.1402(2)(d). 

(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years. 

(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. 

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows: 

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not 

exceeding 1 year; 

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not 

exceeding 60 days. 

(5) Any person who has been convicted of a noncriminal violation may not be sentenced to a 

term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other 

civil penalty, except as provided in chapter 316 or by ordinance of any city or county. 

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(6) Nothing in this section shall be construed to alter the operation of any statute of this state 

authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an 

indeterminate period within minimum and maximum limits as provided by law, except as 

provided in subsection (1). 

(7) This section does not deprive the court of any authority conferred by law to decree a 

forfeiture of property, suspend or cancel a license, remove a person from office, or impose any 

other civil penalty. Such a judgment or order may be included in the sentence, 

(8)(a) The sentencing guidelines that were effective October I, 1983, and any revisions thereto, 

apply to all felonies, except capital felonies, committed on or after October l, 1983, and before 

January l, 1994, and to all felonies, except capital felonies and life felonies, committed before 

October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such 

provisions. 

(b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any 

revisions thereto, apply to all felonies, except capital felonies, committed on or after 

January l, 1994, and before October l, 1995. 

(c) The 1995 sentencing guidelines that were effective October 1, 1995, and any 

revisions thereto, apply to all felonies, except capital felonies, committed on or after 

October 1, 1995, and before October I, 1998. 

(d) The Criminal Punishment Code applies to all felonies, except capital felonies, 

committed on or after October 1, 1998. Any revision to the Criminal Punishment Code 

applies to sentencing for all felonies, except capital felonies, committed on or after the 

effective date of the revision. 

(e) Felonies, except capital felonies, with continuing dates of enterprise shall be 

sentenced under the sentencing guidelines or the Criminal Punishment Code in effect 

on the beginning date of the criminal activity. 

(9)(a) 1. "Prison release reoffender" means any defendant who commits, or attempts to commit: 

a. Treason; 

b. Murder; 

c. Manslaughter; 

d. Sexual battery; 

e. Carjacking; 

f. Home-invasion robbery; 

g. Robbery; 

h. Arson; 

i. Kidnapping; 

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j. Aggravated assault with a deadly weapon; 

k. Aggravated battery; 

l. Aggravated stalking; 

m. Aircraft piracy; 

n. Unlawful throwing, placing, or discharging of a destructive device or bomb; 

o. Any felony that involves the use or threat of physical force or violence against an 

individual; 

p. Armed burglary; 

q. Burglary of a dwelling or burglary of an occupied structure; or 

r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 

847.0135(5); 

within 3 years after being released from a state correctional facility operated by the Department 

of Connections or a private vendor or within 3 years after being released from a correctional 

institution of another state, the District of Columbia, the United States, any possession or 

territory of the United States, or any foreign jurisdiction, following incarceration for an offense 

for which the sentence is punishable by more than I year in this state. 

2. "Prison release reoffender" also means any defendant who commits or attempts to commit 

any offense listed in sub-subparagraphs (a)l .a.-r. while the defendant was serving a prison 

sentence or on escape status from a state correctional facility operated by the Department of 

Corrections or a private vendor or while the defendant was on escape status from a 

correctional institution of another state, the District of Columbia, the United States, any 

possession or territory of the United States, or any foreign jurisdiction, following 

incarceration for an offense for which the sentence is punishable by more than 1 year in this 

state. 

3. If the state attorney determines that a defendant is a prison release reoffender as defined in 

subparagraph 1 the state attorney may seek to have the court sentence the defendant as a 

prison release reoffender. Upon proof from the state attorney that establishes by a 

preponderance of the evidence that a defendant is a prison release reoffender as defined in this 

section, such defendant is not eligible for sentencing under the sentencing guidelines and 

must be sentenced as follows: 

a. For a felony punishable by life, by a term of imprisonment for life; 

b. For a felony of the first degree, by a term of imprisonment of 30 years; 

c. For a felony of the second degree, by a term of imprisonment of 15 years; and 

d. For a felony of the third degree, by a term of imprisonment of 5 years. 

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(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and 

shall not be eligible for parole, control release, or any form of early release. Any person 

sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence. 

(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of 

incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law. 

(d)1. It is the intent of the Legislature that offenders previously released from prison who meet 

the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this 

subsection, unless the state attorney determines that extenuating circumstances exist which 

preclude the just prosecution of the offender, including whether the victim recommends that the 

offender not be sentenced as provided in this subsection. 

2. For every case in which the offender meets the criteria in paragraph (a) and does not 

receive the mandatory minimum prison sentence, the state attorney must explain the 

sentencing deviation in writing and place such explanation in the case file maintained by the 

state attorney. 

(10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a 

third-degree felony but not a forcible felony as defined in s. 776.08, and excluding any thirddegree felony violation under chapter 8 10, and if the total sentence points pursuant to s. 

921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison 

sanction. However, if the court makes written findings that a nonstate prison sanction could 

present a danger to the public, the court may sentence the offender to a state correctional facility 

pursuant to this section. 

(11) The purpose of this section is to provide uniform punishment for those crimes made 

punishable under this section and, to this end, a reference to this section constitutes a general 

reference under the doctrine of incorporation by reference. 

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GEORGIA 

GA. CODE ANN. 16-5-70. CRUELTY TO CHILDREN 

(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or 

custody of a child under the age of 18 commits the offense of cruelty to children in the first 

degree when such person willfully deprives the child of necessary sustenance to the extent that 

the child's health or well-being is jeopardized. 

(b) Any person commits the offense of cruelty to children in the first degree when such person 

maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. 

(c) Any person commits the offense of cruelty to children in the second degree when such person 

with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental 

pain. 

(d) Any person commits the offense of cruelty to children in the third degree when: 

(1) 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. 

(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in 

this Code section shall be punished by imprisonment for not less than five nor more than 20 

years. 

(2) A person convicted of the offense of cruelty to children in the second degree shall be 

punished by imprisonment for not less than one nor more than ten years. 

(3) A person convicted of the offense of cruelty to children in the third degree shall be 

punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third 

or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty 

of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or 

imprisonment for not less than one year nor more than three years or shall be sentenced to 

both fine and imprisonment. 

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GUAM 

GUAM CODE ANN. TIT. 9, 31.30. CHILD ABUSE; DEFINED & PUNISHED 

(a) A person is guilty of child abuse when: 

(1) he subjects a child to cruel mistreatment; or 

(2) having a child in his care or custody or under his control, he: 

A. deserts that child with intent to abandon him; 

B. subjects that child to cruel mistreatment; or 

C. unreasonably causes or permits the physical or, emotional health of that child to be 

endangered. 

(b) Child abuse is a felony of the third degree when it is committed under circumstances likely 

to result in death or serious bodily injury. Otherwise, it is a misdemeanor. 

(c) Voluntary surrender of physical custody of a newborn infant by a mother to authorized Safe 

Haven personnel pursuant to the provisions of the Newborn Infant Safe Haven Act, 19 GCA, 

Chapter 13, Article 5, is an absolute defense to prosecution for child abuse as a result of 

deserting that child with intent to abandon that child under Subsection (a)(2)(A) of this Section. 

(1) For purposes of this Subsection, "authorized Safe Haven personnel" has the same 

meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(a). 

(2) For purposes of this Subsection, "mother" has the same meaning as defined under the 

Newborn Infant Safe Haven Act, 19 GCA § 13503(d). 

(3) For purposes of this Subsection, "newborn infant" has the same meaning as defined under 

the Newborn Infant Safe Haven Act, 19 GCA § 13503(e). 

GUAM CODE ANN. TIT. 9, 80.30. DURATION OF IMPRISONMENT 

Except as otherwise provided by law, a person who has been convicted of a felony may be 

sentenced to imprisonment as follows: 

(a) In the case of a felony of the first degree, the court shall impose a sentence of not less than 

five (5) years and not more than twenty (20) years; 

(b) In the case of a felony of the second degree, the court shall impose a sentence of not less 

than three (3) years and not more than ten (10) years; and 

(c) In the case of a felony of the third degree, the court may impose a sentence of not more than 

five (5) years. 

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GUAM CODE ANN. TIT. 9, 80.31. PRISON TERMS FOR FIRST OFFENDERS 

In the cases to which 80.30 is applicable as to the sentencing of the person, a person who has not 

previously been convicted of a criminal offense and has been convicted of a felony for the first 

time may be sentenced to imprisonment as follows: 

(a) In the case of a felony of the first degree, the court shall impose a sentence of not less than 

three (3) years and not more than fifteen (15) years; 

(b) In the case of a felony of the second degree, the court shall impose a sentence of not less than 

one (l) year and not more than eight (8) years; and 

(c) In the case of a felony of the third degree, the court may impose a sentence of not more than 

three (3) years. 

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HAWAII 

HAW. REV. STAT. 709-906. ABUSE OF FAMILY OR HOUSEHOLD MEMBERS; 

PENALTY 

(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or 

household member or to refuse compliance with the lawful order of a police officer under 

subsection (4). The police, in investigating any complaint of abuse of a family or household 

member, upon request, may transport the abused person to a hospital or safe shelter. 

For the purposes of this section, "family or household member" means spouses or reciprocal 

beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as 

defined under section 586-1, persons who have a child in common, parents, children, persons 

related by consanguinity, and persons jointly residing or formerly residing in the same dwelling 

unit. 

(2) Any police officer, with or without a warrant, may arrest a person if the officer has 

reasonable grounds to believe that the person is physically abusing, or has physically abused, a 

family or household member and that the person arrested is guilty thereof. 

(3) A police officer who has reasonable grounds to believe that the person is physically abusing, 

or has physically abused, a family or household member shall prepare a written report. 

(4) Any police officer, with or without a warrant, shall take the following course of action, 

regardless of whether the physical abuse or harm occurred in the officer's presence: 

(a) The police officer shall make reasonable inquiry of the family or household member 

upon whom the officer believes physical abuse or harm has been inflicted and other 

witnesses as there may be; 

(b) The police officer lawfully shall order the person who the police officer reasonably 

believes to have inflicted the abuse to leave the premises for a period of separation of 

forty-eight hours, during which time the person shall not initiate any contact, either by 

telephone or in person, with the family or household member; provided that the person is 

allowed to enter the premises with police escort to collect any necessary personal effects; 

(c) When the incident occurs after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or 

legal holiday, the order to leave the premises and to initiate no further contact shall 

commence immediately and be in full force, but the forty-eight-hour period shall be 

enlarged and extended until 4:30 p.m. on the first day following the weekend or legal 

holiday; 

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(d) All persons who are ordered to leave as stated above shall be given a written warning 

citation stating the date, time, and location of the warning and stating the penalties for 

violating the warning. A copy of the warning citation shall be retained by the police 

officer and attached to a written report which shall be submitted in all cases. A third copy 

of the warning citation shall be given to the abused person; 

(e) If the person so ordered refuses to comply with the order to leave the premises or returns 

to the premises before the expiration of the period of separation, or if the person so 

ordered initiates any contact with the abused person, the person shall be placed under 

arrest for the purpose of preventing further physical abuse or harm to the family or 

household member; and 

(f) The police officer shall seize all firearms and ammunition that the police officer has 

reasonable grounds to believe were used or threatened to be used in the commission of an 

offense under this section. 

(5) Abuse of a family or household member and refusal to comply with the lawful order of a 

police officer under subsection (4) are misdemeanors and the person shall be sentenced as 

follows: 

(a) For the first offense, the person shall serve a minimum jail sentence of forty-eight 

hours; and 

(b) For a second offense that occurs within one year of the first conviction, the person shall 

be termed a "repeat offender" and serve a minimum jail sentence of thirty days. 

Upon conviction and sentencing of the defendant, the court shall order that the defendant 

immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that 

the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may 

stay the imposition of the sentence if special circumstances exist. 

(6) Whenever a court sentences a person pursuant to subsection (5), it also shall require that the 

offender undergo any available domestic violence intervention programs ordered by the court. 

However, the count may suspend any portion of a jail sentence, except for the mandatory 

sentences under subsection (5)(a) and (b), upon the condition that the defendant remain arrest 

free and conviction-free or complete court-ordered intervention. 

(7) For a third or any subsequent offense that occurs within two years of a second or subsequent 

conviction, the offense shall be a class C felony. 

(8) Where the physical abuse consists of intentionally or knowingly impeding the normal 

breathing or circulation of the blood of the family or household member by applying pressure on 

the throat or the neck, abuse of a family or household member is a class C felony. 

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(9) Where physical abuse occurs in the presence of any family or household member who is less 

than fourteen years of age, abuse of a family or household member is a class C felony. 

(10) Any police officer who arrests a person pursuant to this section shall not be subject to any 

civil or criminal liability; provided that the police officer acts in good faith, upon reasonable 

belief, and does not exercise unreasonable force in effecting the arrest, 

(11) The family or household member who has been physically abused or harmed by another 

person may petition the family court, with the assistance of the prosecuting attorney of the 

applicable county, for a penal summons or arrest warrant to issue forthwith or may file a 

criminal complaint through the prosecuting attorney of the applicable county. 

(12) The respondent shall be taken into custody and brought before the family court at the first 

possible opportunity. The court may dismiss the petition or hold the respondent in custody, 

subject to bail. Where the petition is not dismissed, a hearing shall be set. 

(13) This section shall not operate as a bar against prosecution under any other section of this 

Code in lieu of prosecution for abuse of a family or household member. 

(14) It shall be the duty of the prosecuting attorney of the applicable county to assist any victim 

under this section in the preparation of the penal summons or arrest warrant. 

(15) This section shall not preclude the physically abused or harmed family or household 

member from pursuing any other remedy under law or in equity. 

(16) When a person is ordered by the court to undergo any domestic violence intervention, that 

person shall provide adequate proof of compliance with the court's order. The court shall order a 

subsequent hearing at which the person is required to make an appearance, on a date certain, to 

determine whether the person has completed the ordered domestic violence intervention. The 

court may waive the subsequent hearing and appearance where a court officer has established 

that the person has completed the intervention ordered by the court. 

HAW. REV. STAT. 706-660. SENTENCE OF IMPRISONMENT FOR CLASS B AND C 

FELONIES; ORDINARY TERMS; DISCRETIONARY TERMS 

(l) Except as provided in subsection (2), a person who has been convicted of a class B or class 

C felony may be sentenced to an indeterminate term of imprisonment except as provided for in 

section 706-660. 1 relating to the use of firearms in certain felony offenses and section 706-

606.5 relating to repeat offenders, when ordering such a sentence, the court shall impose the 

maximum length of imprisonment which shall be as follows: 

(a) For a class B felony—ten years; and 

(b) For a class C felony—five years. 

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The minimum length of imprisonment shall be determined by the Hawaii paroling authority in 

accordance with section 706-669. 

(2) A person who has been convicted of a class B or class C felony for any offense under part 

IV of chapter 712 may be sentenced to an indeterminate term of imprisonment; provided that 

this subsection shall not apply to sentences imposed under sections 706-606.5, 706-660.1, 712-

1240.5, 712-1240,8, 7121242, 712-1245, 712-1249.5, 712-1249.6, 712-1249.7, and 712-1257. 

When ordering a sentence under this subsection, the court shall impose a term of imprisonment 

which shall be as follows: 

(a) For a class B felony—ten years or less, but not less than five years; and 

(b) For a class C felony—five years or less, but not less than one year. 

The minimum length of imprisonment shall be determined by the Hawaii paroling authority in 

accordance with section 706-669. 

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IDAHO 

IDAHO CODE ANN. 18-1501. INJURY TO CHILDREN 

(1) Any person who, under circumstances or conditions likely to produce great bodily harm 

or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable 

physical pain or mental suffering, or having the care or custody of any child, willfully causes 

or permits the person or health of such child to be injured, or willfully causes or permits such 

child to be placed in such situation that its person or health is endangered, is punishable by 

imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less 

than one (1) year nor more than ten (10) years. 

(2) Any person who, under circumstances or conditions other than those likely to produce 

great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon 

unjustifiable physical pain or mental suffering, or having the care or custody of any child, 

willfully causes or permits the person or health of such child to be injured, or willfully 

causes or permits such child to be placed in such situation that its person or health may be 

endangered, is guilty of a misdemeanor. 

(3) A person over the age of eighteen (18) years commits the crime of injury to a child if the 

person transports a minor in a motor vehicle or vessel as defined in section 67-7003, Idaho 

Code, while under the influence of alcohol, intoxicating liquor, a controlled substance, or any 

combination thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person 

convicted of violating this subsection is guilty of a misdemeanor. If a child suffers bodily 

injury or death due to a violation of this subsection, the violation will constitute a felony 

punishable by imprisonment for not more than ten (10) years, unless a more severe penalty is 

otherwise prescribed by law. 

(4) The practice of a parent or guardian who chooses for his child treatment by prayer or 

spiritual means alone shall not for that reason alone be construed to have violated the duty of 

care to such child. 

(5) As used in this section, "willfully" means acting or failing to act where a reasonable 

person would know the act or failure to act is likely to result in injury or harm or is likely to 

endanger the person, health, safety or well-being of the child. 

IDAHO CODE ANN. § 19-2520B. INFLICTION OF GREAT BODILY INJURY— 

ATTEMPTED FELONY OR CONSPIRACY—EXTENSION OF PRISON TERM 

(1) Any person who inflicts great bodily injury, and the injury was either intended or the act 

causing the injury was done with a reckless disregard for the safety of another person, on any 

person, other than an accomplice, in the commission or attempted commission of a felony or 

conspiracy to commit such a felony shall be sentenced to an extended term sentence. 

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The extended term of imprisonment authorized in this section shall be computed by increasing 

the maximum sentence authorized for the crime for which the person was convicted by twenty 

(20) years. A term of imprisonment shall be extended as provided in this section unless infliction 

of great bodily injury is an element of the offense of which he is found guilty. 

(2) As used in this section, "great bodily injury" means a significant or substantial physical 

injury. 

(3) The extended term of imprisonment required by this section shall apply to any aider or 

abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the 

crime. 

(4) The additional terms provided in this section shall not be imposed unless the fact of great 

bodily injury is separately charged in the accusatory pleading and admitted by the accused or 

found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime. 

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ILLINOIS 

720 ILL. COMP. STAT. 5/12-3.05. AGGRAVATED BATTERY 

§ 12-3.05. Aggravated battery 

(a) Offense based on injury. A person commits aggravated battery when, in committing a 

battery, other than by the discharge of a firearm, he or she knowingly does any of the 

following: 

(l) Causes great bodily harm or permanent disability or disfigurement. 

(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a 

caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant 

or agent, a radioactive substance, or a bomb or explosive compound. 

(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom 

the person knows to be a peace officer, community policing volunteer, fireman, private 

security officer, correctional institution employee, or Department of Human Services 

employee supervising or controlling sexually dangerous persons or sexually violent persons: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(4) Causes great bodily harm or permanent disability or disfigurement to an individual 60 

years of age or older. 

(5) Strangles another individual. 

(b) Offense based on injury to a child or intellectually disabled person. A person who is at least 

18 years of age commits aggravated battery when, in committing a battery, he or she knowingly 

and without legal justification by any means: 

(1) Causes great bodily harm or permanent disability or disfigurement to any child under the 

age of 13 years, or to any severely or profoundly intellectually disabled person; or 

(2) Causes bodily harm or disability or disfigurement to any child under the age of 13 years or 

to any severely or profoundly intellectually disabled person. 

(c) Offense based on location of conduct. A person commits aggravated battery when, in 

committing a battery, other than by the discharge of a firearm, he or she is or the person battered 

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is on or about a public way, public property, a public place of accommodation or amusement, a 

sports venue, or a domestic violence shelter. 

(d) Offense based on status of victim. A person commits aggravated battery when, in committing 

a battery, other than by discharge of a firearm, he or she knows the individual battered to be any 

of the following: 

(1) A 60 year of age or older. 

(2) A person who is pregnant or physically handicapped. 

(3) A teacher or school employee upon school grounds or grounds adjacent to a school or in 

any part of a building used for school purposes. 

(4) A peace officer, community policing volunteer, fireman, private security officer, 

correctional institution employee, or Department of Human Services employee supervising or 

controlling sexually dangerous persons or sexually violent persons: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(5) A judge, emergency management worker, emergency medical technician, or utility 

worker: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(6) An officer or employee of the State of Illinois, a unit of local government, or a school 

district, while performing his or her official duties. 

(7) A transit employee performing his or her official duties, or a transit passenger. 

(8) A taxi driver on duty. 

(9) A merchant who detains the person for an alleged commission of retail theft under Section 

16-26 of this Code and the person without legal justification by any means causes bodily harm 

to the merchant. 

(10) A person authorized to serve process under Section 2-202 of the Code of Civil Procedure 

or a special process server appointed by the circuit court while that individual is in the 

performance of his or her duties as a process server. 

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(11) A nurse while in the performance of his or her duties as a nurse. 

(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing 

a battery, he or she knowingly does any of the following: 

(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and 

causes any injury to another person. 

(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and 

causes any injury to a person he or she knows to be a peace officer, community policing 

volunteer, person summoned by a police officer, fireman, private security officer, correctional 

institution employee, or emergency management worker: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and 

causes any injury to a person he or she knows to be an emergency medical technician 

employed by a municipality or other governmental unit: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a 

student in a school, or a school employee, and the teacher, student, or employee is upon 

school grounds or grounds adjacent to a school or in any part of a building used for school 

purposes. 

(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to 

another person. 

(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a 

person he or she knows to be a peace officer, community policing volunteer, person 

summoned by a police officer, fireman, private security officer, correctional institution 

employee or emergency management worker: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

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(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a 

person he or she knows to be an emergency medical technician employed by a municipality or 

other governmental unit: 

(i) performing his or her official duties; 

(ii) battered to prevent performance of his or her official duties; or 

(iii) battered in retaliation for performing his or her official duties. 

(8) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a 

person he or she knows to be a teacher, or a student in a school, or a school employee, and the 

teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any 

part of a building used for school purposes. 

(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in 

committing a battery, he or she does any of the following: 

(l) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in 

Section 24.8-0.1 of this Code. 

(2) Wears a hood, robe, or mask to conceal his or her identity. 

(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser 

device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes 

upon or against the person of another. 

(4) Knowingly video or audio records the offense with the intent to disseminate the recording. 

(g) Offense based on certain conduct. A person commits aggravated battery when, other than by 

discharge of a firearm, he or she does any of the following: 

(1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a 

controlled substance to another and any user experiences great bodily harm or permanent 

disability as a result of the injection, inhalation, or ingestion of any amount of the controlled 

substance. 

(2) Knowingly administers to an individual or causes him or her to take, without his or her 

consent or by threat or deception, and for other than medical purposes, any intoxicating, 

poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person 

any food containing any substance or object intended to cause physical injury if eaten. 

(3) Knowingly causes or attempts to cause a correctional institution employee or Department 

of Human Services employee to come into contact with blood, seminal fluid, urine, or feces 

by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal 

institution or is a sexually dangerous person or sexually violent person in the custody of the 

Department of Human Services. 

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(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony. 

Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony. 

Aggravated battery as defined in subdivision (a)(3) or (g)(l) is a Class I felony. 

Aggravated battery as defined in subdivision (a)(l) is a Class I felony when the aggravated 

battery was intentional and involved the infliction of torture, as defined in paragraph (14) of 

subsection (b) of Section 9-1 of this Code, as the infliction of or subjection to extreme 

physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the 

victim. 

Aggravated battery under subdivision (a)(5) is a Class I felony if: 

(A) the person used or attempted to use a dangerous instrument while committing the offense; 

or 

(B) the person caused great bodily harm or permanent disability or disfigurement to the other 

person while committing the offense; or 

(C) the person has been previously convicted of a violation of subdivision (a)(5) under the 

laws of this State or laws similar to subdivision (a)(5) of any other state. 

Aggravated battery as defined in subdivision is a Class X felony. 

Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall 

be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years. 

Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall 

be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years. 

Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for 

which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a 

maximum of 60 years. 

Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for 

which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a 

maximum of 60 years. 

Aggravated battery as defined in subdivision (b)(l) is a Class X felony, except that: 

(l) if the person committed the offense while armed with a firearm, 15 years shall be added to 

the term of imprisonment imposed by the court; 

(2) if, during the commission of the offense, the person personally discharged a firearm, 

20 years shall be added to the term of imprisonment imposed by the court; 

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(3) if, during the commission of the offense, the person personally discharged a firearm that 

proximately caused great bodily harm, permanent disability, permanent disfigurement, or 

death to another person, 25 years or up to a term of natural life shall be added to the term of 

imprisonment imposed by the court. 

(i) Definitions. For the purposes of this Section: 

"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in 

Section 1 of the Domestic Violence Shelters Act. 

"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic 

Violence Act of 1986. 

"Domestic violence shelter" means any building or other structure used to provide shelter or 

other services to victims or to the dependent children of victims of domestic violence pursuant to 

the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place 

within 500 feet of such a building or other structure in the case of a person who is going to or 

from such a building or other structure. 

"Firearm" has the meaning provided under Section I. I of the Firearm Owners Identification Card 

Act, and does not include an air rifle as defined by Section 24.8-0. I of this Code. 

"Machine gun" has the meaning ascribed to it in Section 24-1 of this Code. 

"Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code. 

"Strangle" means intentionally impeding the normal breathing or circulation of the blood of an 

individual by applying pressure on the throat or neck of that individual or by blocking the nose 

or mouth of that individual. 

730 ILL. COMP. STAT. 5/5-4.5-35. CLASS 2 FELONIES; SENTENCE 

(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 3 years 

and not more than 7 years. The sentence of imprisonment for an extended term Class 2 felony, as 

provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 7 years and not more 

than 14 years. 

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite 

term of from 18 to 30 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 

5/5-5-3 or 5/5-7-1). 

(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 

5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact 

incarceration program. 

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(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 

(730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 

4 years. The court shall specify the conditions of probation or conditional discharge as set forth 

in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or 

consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 

5/5-4.5-50). 

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) 

concerning eligibility for a drug court program. 

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) 

concerning credit for time spent in home detention prior to judgment. 

(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail 

Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit. 

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 

5/5-8A-3) concerning eligibility for electronic monitoring and home detention. 

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 

5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 

years upon release from imprisonment. 

730 ILL. COMP. STAT. 5/5-4.5-40. CLASS 3 FELONIES; SENTENCE 

(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 years 

and not more than 5 years. The sentence of imprisonment for an extended term Class 3 felony, as 

provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less than 5 years and not more 

than 10 years. 

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite 

term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-

5-3 or 5/5-7-1). 

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(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 

5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact 

incarceration program. 

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 

(730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 

30 months. The court shall specify the conditions of probation or conditional discharge as set 

forth in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or 

consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 

5/5-4.5-50). 

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) 

concerning eligibility for a drug court program. 

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) 

concerning credit for time spent in home detention prior to judgment. 

(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail 

Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit. 

(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 5-8A-3 (730 ILCS 

5/5-8A-3) concerning eligibility for electronic monitoring and home detention. 

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 

or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 

one year upon release from imprisonment. 

§ 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 felony: 

(a) TERM. The sentence of imprisonment shall be a determinate sentence of not less than 2 

years and not more than 5 years. The sentence of imprisonment for an extended term Class 3 

felony, as provided in Section 5-8-2 (730 [LCS 5/5-8-2), shall be a term not less than 5 years and 

not more than 10 years. 

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(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite 

term of up to 18 months, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-

5-3 or 5/5-7-1). 

(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 

5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact 

incarceration program. 

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-

2 (730 [LCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not 

exceed 30 months. The court shall specify the conditions of probation or conditional discharge 

as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)). 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or 

consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 

5/5-4.5-50). 

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) 

concerning eligibility for a drug court program, 

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) 

concerning credit for time spent in home detention prior to judgment. 

(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 LCS 5/3-6-3) or the County Jail 

Good Behavior Allowance Act (730 ILCS 1300 for rules and regulations for sentence credit. 

(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning 

eligibility for electronic home detention 

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 

or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1); the parole or mandatory supervised release term shall be 

one year upon release from imprisonment. 

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INDIANA 

IND. CODE ANN. 35-42-2-1. BATTERY 

(a) As used in this section, “public safety official” means: 

(1) a law enforcement officer, including an alcoholic beverage enforcement officer; 

(2) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71); 

(3) an employee of the department of correction; 

(4) a probation officer; 

(5) a parole officer; 

(6) a community corrections worker; 

(7) a home detention officer; 

(8) a department of child services employee; 

(9) a firefighter; 

(10) an emergency medical services provider; 

(11) a judicial officer; 

(12) a bailiff of any court; or 

(13) a special deputy (as described in IC 36-8-10-10.6). 

(b) As used in this section, “relative” means an individual related by blood, half-blood, adoption, 

marriage, or remarriage, including: 

(1) a spouse; 

(2) a parent or stepparent; 

(3) a child or stepchild; 

(4) a grandchild or stepgrandchild; 

(5) a grandparent or stepgrandparent; 

(6) a brother, sister, stepbrother, or stepsister; 

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(7) a niece or nephew; 

(8) an aunt or uncle; 

(9) a daughter-in-law or son-in-law; 

(10) a mother-in-law or father-in-law; or 

(11) a first cousin. 

(c) Except as provided in subsections (d) through (k), a person who knowingly or intentionally: 

(1) touches another person in a rude, insolent, or angry manner; or 

(2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person; 

commits battery, a Class B misdemeanor. 

(d) The offense described in subsection (c)(1) or (c)(2) is a Class A misdemeanor if it: 

(1) results in bodily injury to any other person; or 

(2) is committed against a member of a foster family home (as defined in IC 35-31.5-2-

139.3) by a person who is not a resident of the foster family home if the person who 

committed the offense is a relative of a person who lived in the foster family home at the 

time of the offense. 

(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6 felony if one (1) or more of 

the following apply: 

(1) The offense results in moderate bodily injury to any other person. 

(2) The offense is committed against a public safety official while the official is 

engaged in the official’s official duty. 

(3) The offense is committed against a person less than fourteen (14) years of age and is 

committed by a person at least eighteen (18) years of age. 

(4) The offense is committed against a person of any age who has a mental or physical 

disability and is committed by a person having the care of the person with the mental or 

physical disability, whether the care is assumed voluntarily or because of a legal obligation. 

(5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2). 

(6) The offense: 

(A) is committed against a member of a foster family home (as defined in IC 35-31.5-2-

139.3) by a person who is not a resident of the foster family home if the person who 

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committed the offense is a relative of a person who lived in the foster family home at the 

time of the offense; and 

(B) results in bodily injury to the member of the foster family. 

(f) The offense described in subsection (c)(2) is a Level 6 felony if the person knew or recklessly 

failed to know that the bodily fluid or waste placed on another person was infected with 

hepatitis, tuberculosis, or human immunodeficiency virus. 

(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5 felony if one (1) or more of 

the following apply: 

(1) The offense results in serious bodily injury to another person. 

(2) The offense is committed with a deadly weapon. 

(3) The offense results in bodily injury to a pregnant woman if the person knew of the 

pregnancy. 

(4) The person has a previous conviction for a battery offense included in this chapter against 

the same victim. 

(5) The offense results in bodily injury to one (1) or more of the following: 

(A) A public safety official while the official is engaged in the official’s official duties. 

(B) A person less than fourteen (14) years of age if the offense is committed by a person at 

least eighteen (18) years of age. 

(C) A person who has a mental or physical disability if the offense is committed by an 

individual having care of the person with the disability, regardless of whether the care is 

assumed voluntarily or because of a legal obligation. 

(D) An endangered adult (as defined in IC 12-10-3-2). 

(h) The offense described in subsection (c)(2) is a Level 5 felony if: 

(1) the person knew or recklessly failed to know that the bodily fluid or waste placed on 

another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; 

and 

(2) the person placed the bodily fluid or waste on a public safety official. 

(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4 felony if it results in serious 

bodily injury to an endangered adult (as defined in IC 12-10-3-2). 

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(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3 felony if it results in serious 

bodily injury to a person less than fourteen (14) years of age if the offense is committed by a 

person at least eighteen (18) years of age. 

(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2 felony if it results in the 

death of one (1) or more of the following: 

(1) A person less than fourteen (14) years of age if the offense is committed by a person at 

least eighteen (18) years of age. 

(2) An endangered adult (as defined in IC 12-10-3-2). 

IND. CODE ANN. 35-50-2-4.5. LEVEL 2 FELONY; PENALTY 

Sec. 4.5. A person who commits a Level 2 felony shall be imprisoned for a fixed term of 

between ten (10) and thirty (30) years, with the advisory sentence being seventeen and one-half 

(17 1⁄2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000). 

IND. CODE ANN. 35-50-2-5. CLASS B/LEVEL 3 FELONY 

(a) A person who commits a Class B felony (for a crime committed before July 1, 2014) shall be 

imprisoned for a fixed term of between six (6) and twenty (20) years, with the advisory sentence 

being ten (10) years. In addition, the person may be fined not more than ten thousand dollars 

($10,000). 

(b) A person who commits a Level 3 felony (for a crime committed after June 30, 2014) shall be 

imprisoned for a fixed term of between three (3) and sixteen (16) years, with the advisory 

sentence being nine (9) years. In addition, the person may be fined not more than ten thousand 

dollars ($10,000). 

IND. CODE ANN. 35-50-2-5.5. LEVEL 4 FELONY; PENALTY 

Sec. 5.5. A person who commits a Level 4 felony shall be imprisoned for a fixed term of 

between two (2) and twelve (12) years, with the advisory sentence being six (6) years. In 

addition, the person may be fined not more than ten thousand dollars ($10,000). 

IND. CODE ANN. S 35-50-2-6. CLASS C/LEVEL 5 FELONY; NONSUPPORT OF A CHILD 

AS CLASS D/LEVEL 6 FELONY 

(a) A person who commits a Class C felony (for a crime committed before July I, 2014) shall 

be imprisoned for a fixed term of between two (2) and eight (8) years, with the advisory 

sentence being four (4) years. In addition, the person may be fined not more than ten thousand 

dollars ($10,000). 

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(b) A person who commits a Level 5 felony (for a crime committed after June 30, 2014) shall be 

imprisoned for a fixed term of between one (I) and six (6) years, with the advisory sentence 

being three (3) years. In addition, the person may be fined not more than ten thousand dollars 

($10,000). 

(c) Notwithstanding subsections (a) and (b), if a person commits nonsupport of a child as a Class 

C felony (for a crime committed before July l, 2014) or a Level 5 felony (for a crime committed 

after June 30, 2014) under IC 35-46-1-5, the sentencing court may convert the Class C felony 

conviction to a Class D felony conviction or a Level 5 felony conviction to a Level 6 felony 

conviction if, after receiving a verified petition as described in subsection (d) and after 

conducting a hearing in which the prosecuting attorney has been notified, the court makes the 

following findings: 

1) The person has successfully completed probation as required by the person's sentence. 

2) The person has satisfied other obligations imposed on the person as required by the 

person's sentence. 

3) The person has paid in full all child support arrearages due that are named in the 

information and no further child support arrearage is due. 

4) The person has not been convicted of another felony since the person was sentenced for 

the underlying nonsupport of a child felony. 

5) There are no criminal charges pending against the person. 

(d) A petition filed under subsection (c) must be verified and set forth the following: 

1) A statement that the person was convicted of nonsupport of a child under IC 35-46-1-6. 

2) The date of the conviction. 

3) The date the person completed the person's sentence. 

4) The amount of the child support arrearage due at the time of conviction. 

5) The date the child support arrearage was paid in full. 

6) A verified statement that no further child support arrearage is due. 

7) Any other obligations imposed on the person as part of the person's sentence. 

8) The date the obligations were satisfied, 

9) A verified statement that there are no criminal charges pending against the person. 

(e) A person whose conviction has been converted to a lower penalty under this section is 

eligible to seek expungement under IC 35-38-9-3 with the date of conversion used as the date of 

conviction to calculate time frames under IC 35-38-9. 

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IND. CODE ANN. 35-50-2-7. CLASS D/LEVEL 6 FELONY 

(a) A person who commits a Class D felony (for a crime committed before July 1, 2014) shall be 

imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory 

sentence being one and one-half (1 1⁄2) years. In addition, the person may be fined not more than 

ten thousand dollars ($10,000). 

(b) A person who commits a Level 6 felony (for a crime committed after June 30, 2014) shall be 

imprisoned for a fixed term of between six (6) months and two and one-half (2 1⁄2) years, with the 

advisory sentence being one (1) year. In addition, the person may be fined not more than ten 

thousand dollars ($10,000) 

(c) Notwithstanding subsections (a) and (b), if a person has committed a Class D felony (for a 

crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 

2014), the court may enter judgment of conviction of a Class A misdemeanor and sentence 

accordingly. However, the court shall enter a judgment of conviction of a Class D felony (for a 

crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 

2014) if: 

(1) the court finds that: 

(A) the person has committed a prior, unrelated felony for which judgment was entered as 

a conviction of a Class A misdemeanor; and 

(B) the prior felony was committed less than three (3) years before the second felony was 

committed; 

(2) the offense is domestic battery as a Class D felony (for a crime committed before July 1, 

2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-42-2-1.3; 

or 

(3) the offense is possession of child pornography (IC 35-42-4-4(d)).The court shall 

enter in the record, in detail, the reason for its action whenever it exercises the power to enter 

judgment of conviction of a Class A misdemeanor granted in this subsection. 

(d) Notwithstanding subsections (a) and (b), the sentencing court may convert a Class D felony 

conviction (for a crime committed before July 1, 2014) or a Level 6 felony conviction (for a 

crime committed after June 30, 2014) to a Class A misdemeanor conviction if, after receiving a 

verified petition as described in subsection (e) and after conducting a hearing of which the 

prosecuting attorney has been notified, the court makes the following findings: 

(1) The person is not a sex or violent offender (as defined in IC 11-8-8-5). 

(2) The person was not convicted of a Class D felony (for a crime committed before July 1, 

2014) or a Level 6 felony (for a crime committed after June 30, 2014) that resulted in bodily 

injury to another person. 

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(3) The person has not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-

1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its 

repeal). 

(4) The person has not been convicted of domestic battery as a Class D felony (for a crime 

committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 

2014) under IC 35-42-2-1.3 in the fifteen (15) year period immediately preceding the 

commission of the current offense. 

(5) At least three (3) years have passed since the person: 

(A) completed the person’s sentence; and 

(B) satisfied any other obligation imposed on the person as part of the sentence; for the 

Class D or Level 6 felony. 

(6) The person has not been convicted of a felony since the person: 

(A) completed the person’s sentence; and 

(B) satisfied any other obligation imposed on the person as part of the sentence; for the 

Class D or Level 6 felony. 

(7) No criminal charges are pending against the person. 

(e) A petition filed under subsection (d) or (f) must be verified and set forth: 

(1) the crime the person has been convicted of; 

(2) the date of the conviction; 

(3) the date the person completed the person’s sentence; 

(4) any obligations imposed on the person as part of the sentence; 

(5) the date the obligations were satisfied; and 

(6) a verified statement that there are no criminal charges pending against the person. 

(f) If a person whose Class D or Level 6 felony conviction has been converted to a Class A 

misdemeanor conviction under subsection (d) is convicted of a felony not later than five (5) 

years after the conversion under subsection (d), a prosecuting attorney may petition a court to 

convert the person’s Class A misdemeanor conviction back to a Class D felony conviction (for a 

crime committed before July 1, 2014) or a Level 6 felony conviction (for a crime committed 

after June 30, 2014). 

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IOWA 

IOWA CODE ANN. 726.6. CHILD ENDANGERMENT 

1. A person who is the parent, guardian, or person having custody or control over a child or a 

minor under the age of eighteen with a mental or physical disability, or a person who is a 

member of the household in which a child or such a minor resides, commits child endangerment 

when the person does any of the following: 

a. Knowingly acts in a manner that creates a substantial risk to a child or minor’s physical, 

mental or emotional health or safety. 

b. By an intentional act or series of intentional acts, uses unreasonable force, torture or cruelty 

that results in bodily injury, or that is intended to cause serious injury. 

c. By an intentional act or series of intentional acts, evidences unreasonable force, torture or 

cruelty which causes substantial mental or emotional harm to a child or minor. 

d. Willfully deprives a child or minor of necessary food, clothing, shelter, health care or 

supervision appropriate to the child or minor’s age, when the person is reasonably able to 

make the necessary provisions and which deprivation substantially harms the child or minor’s 

physical, mental or emotional health. For purposes of this paragraph, the failure to provide 

specific medical treatment shall not for that reason alone be considered willful deprivation of 

health care if the person can show that such treatment would conflict with the tenets and 

practice of a recognized religious denomination of which the person is an adherent or 

member. This exception does not in any manner restrict the right of an interested party to 

petition the court on behalf of the best interest of the child or minor. 

e. Knowingly permits the continuing physical or sexual abuse of a child or minor. However, it 

is an affirmative defense to this subsection if the person had a reasonable apprehension that 

any action to stop the continuing abuse would result in substantial bodily harm to the person 

or the child or minor. 

f. Abandons the child or minor to fend for the child or minor’s self, knowing that the child or 

minor is unable to do so. 

g. Knowingly permits a child or minor to be present at a location where amphetamine, its 

salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, 

is manufactured in violation of section 124.401, subsection 1, or where a product is possessed 

in violation of section 124.401, subsection 4. 

h. Knowingly allows a person custody or control of, or unsupervised access to a child or a 

minor after knowing the person is required to register or is on the sex offender registry as a 

sex offender under chapter 692A. However, this paragraph does not apply to a person who is 

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a parent or guardian of a child or a minor, who is required to register as a sex offender, or to a 

person who is married to and living with a person required to register as a sex offender. 

i. Knowingly provides direct supervision of a person under section 724.22, subsection 5, 

while intoxicated as provided under the conditions set out in section 321J.2, subsection 1, 

paragraph “a,” “b,” or “c.” 

2. A parent or person authorized by the parent shall not be prosecuted for a violation of 

subsection 1, paragraph “f,” relating to abandonment, if the parent or person authorized by the 

parent has voluntarily released custody of a newborn infant in accordance with section 233.2. 

3. For the purposes of subsection 1, “person having control over a child or a minor” means any 

of the following: 

a. A person who has accepted, undertaken, or assumed supervision of a child or such a minor 

from the parent or guardian of the child or minor. 

b. A person who has undertaken or assumed temporary supervision of a child or such a minor 

without explicit consent from the parent or guardian of the child or minor. 

c. A person who operates a motor vehicle with a child or such a minor present in the vehicle. 

4. A person who commits child endangerment resulting in the death of a child or minor is guilty 

of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b,” a person 

convicted of a violation of this subsection shall be confined for no more than fifty years. 

5. A person who commits child endangerment resulting in serious injury to a child or minor is 

guilty of a class “C” felony. 

6. A person who commits child endangerment resulting in bodily injury to a child or minor or 

child endangerment in violation of subsection 1, paragraph “g,” that does not result in a serious 

injury, is guilty of a class “D” felony. 

7. A person who commits child endangerment that is not subject to penalty under subsection 4, 

5, or 6 is guilty of an aggravated misdemeanor. 

IOWA CODE ANN. 902.9. MAXIMUM SENTENCE FOR FELONS 

[Effective July 15, 2020] 

1. The maximum sentence for any person convicted of a felony shall be that prescribed by statute 

or, if not prescribed by statute, if other than a class “A” felony shall be determined as follows: 

a. A felon sentenced for a first conviction for a violation of section 124.401D, shall be 

confined for no more than ninety-nine years. 

97 
b. A class “B” felon shall be confined for no more than twenty-five years. 

c. An habitual offender shall be confined for no more than fifteen years. 

d. A class “C” felon, not an habitual offender, shall be confined for no more than ten years, 

and in addition shall be sentenced to a fine of at least one thousand three hundred seventy 

dollars but not more than thirteen thousand six hundred sixty dollars. 

e. A class “D” felon, not an habitual offender, shall be confined for no more than five years, 

and in addition shall be sentenced to a fine of at least one thousand twenty-five dollars but not 

more than ten thousand two hundred forty-five dollars. 

2. The surcharges required by sections 911.1, 911.2A, and 911.5 shall be added to a fine imposed 

on a class “C” or class “D” felon, as provided by those sections, and are not a part of or subject 

to the maximums set in this section. 

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KANSAS 

KAN. STAT. ANN. 21-5602. ABUSE OF A CHILD 

(a) Abuse of a child is knowingly: 

(1) Torturing or cruelly beating any child under the age of 18 years; 

(2) shaking any child under the age of 18 years which results in great bodily harm to the 

child; or 

(3) inflicting cruel and inhuman corporal punishment upon any child under the age of 18 

years. 

(b) Abuse of a child is a: 

(1) Severity level 5, person felony, except as provided in subsection (b)(2); and 

(2) severity level 4, person felony, if the victim is under the age of six years. 

(c) A person who violates the provisions of this section may also be prosecuted for, convicted of, 

and punished for any form of battery or homicide. 

KAN. STAT. ANN. 21-5601. ENDANGERING A CHILD; AGGRAVATED ENDANGERING 

A CHILD 

(a) Endangering a child is knowingly and unreasonably causing or permitting a child under the 

age of 18 years to be placed in a situation in which the child's life, body or health may be 

endangered. 

(b) Aggravated endangering a child is: 

(1) Recklessly causing or permitting a child under the age of 18 years to be placed in a 

situation in which the child's life, body or health is endangered; 

(2) causing or permitting such child to be in an environment where the person knows or 

reasonably should know that any person is distributing, possessing with intent to 

distribute, manufacturing or attempting to manufacture any methamphetamine, or analog 

thereof, as defined by subsection (d)(3) or (0(1) of K.S.A. 65-4107, and amendments 

thereto; or 

(3) causing or permitting such child to be in an environment where the person knows or 

reasonably should know that drug paraphernalia or volatile, toxic or flammable chemicals 

are stored for the purpose of manufacturing or attempting to manufacture any 

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methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(l) of K.S.A. 

65-4107, and amendments thereto. 

(c)(l) Endangering a child is a class A person misdemeanor. 

(2) Aggravated endangering a child is a severity level 9, person felony. The sentence for a 

violation of aggravated endangering a child shall be served consecutively to any other term or 

terms of imprisonment imposed. Such sentence shall not be considered a departure and shall 

not be subject to appeal. 

(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason 

the child's parent or guardian, in good faith, selects and depends upon spiritual means alone 

through prayer, in accordance with the tenets and practice of a recognized church or religious 

denomination, for the treatment or cure of disease or remedial care of such child. 

(e) As used in this section: 

(1) "Manufacture" means the same as in K.S.A. 21-5701, and amendments thereto; and 

(2) "drug paraphernalia" means the same as in K.S.A. 21-5701, and amendments thereto. 

KAN. STAT. ANN. 21-6602. CLASSIFICATION OF MISDEMEANORS AND TERMS OF 

CONFINEMENT; POSSIBLE DISPOSITION 

(a) For the purpose of sentencing, the following classes of misdemeanors and the punishment 

and the terms of confinement authorized for each class are established: 

(l) Class A, the sentence for which shall be a definite term of confinement in the county jail 

which shall be fixed by the court and shall not exceed one year; 

(2) class B, the sentence for which shall be a definite term of confinement in the county jail 

which shall be fixed by the court and shall not exceed six months; 

(3) class C, the sentence for which shall be a definite term of confinement in the county jail 

which shall be fixed by the court and shall not exceed one month; and 

(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors 

without specification as to class, the sentence for which shall be in accordance with the 

sentence specified in the statute that defines the crime; if no penalty is provided in such law, 

the sentence shall be the same penalty as provided herein for a class C misdemeanor. 

(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in 

K.S.A. 21-6611, and amendments thereto, instead of or in addition to confinement, as 

provided in this section. 

(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence 

that the act constituting the misdemeanor was substantially related to the possession, use or 

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ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order 

such person to attend and satisfactorily complete an alcohol or drug education or training 

program certified by the chief judge of the judicial district or licensed by the secretary for 

aging and disability services. 

(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence 

authorized by law, whenever a person is convicted of having committed, while under 21 

years of age, a misdemeanor under K.S.A, 8-1599, 41-719 or 41-727 or K.S.A. 21-5701 

through 21-5717, and amendments thereto, the court shall order such person to submit to and 

complete an alcohol and drug evaluation by a community-based alcohol and drug safety 

action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a 

fee not to exceed the fee established by that statute for such evaluation. If the court finds that 

the person is indigent, the fee may be waived. 

(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a 

violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the 

provisions of subsection (d) are permissive and not mandatory. 

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KENTUCKY 

KY. REV. STAT. ANN. 508.100. CRIMINAL ABUSE IN THE FIRST DEGREE 

(1) A person is guilty of criminal abuse in the first degree when he intentionally abuses another 

person or permits another person of whom he has actual custody to be abused and thereby: 

(a) Causes serious physical injury; or 

(b) Places him in a situation that may cause him serious physical injury; or 

(c) Causes torture, cruel confinement or cruel punishment; to a person twelve (12) years of 

age or less, or who is physically helpless or mentally helpless. 

(2) Criminal abuse in the first degree is a Class C felony. 

KY. REV. STAT. ANN. S 508.110. CRIMINAL ABUSE IN THE SECOND DEGREE 

(1) A person is guilty of criminal abuse in the second degree when he wantonly abuses another 

person or permits another person of whom he has actual custody to be abused and thereby: 

(a) Causes serious physical injury; or 

(b) Places him in a situation that may cause him serious physical injury; or 

(c) Causes torture, cruel confinement or cruel punishment; to a person twelve (12) years of 

age or less, or who is physically helpless or mentally helpless. 

(2) Criminal abuse in the second degree is a Class D felony. 

KY. REV. STAT. ANN. S 508.120. CRIMINAL ABUSE IN THE THIRD DEGREE 

(1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another 

person or permits another person of whom he has actual custody to be abused and thereby: 

(a) Causes serious physical injury; or 

(b) Places him in a situation that may cause him serious physical injury; or 

(c) Causes torture, cruel confinement or cruel punishment; to a person twelve (12) years of 

age or less, or who is physically helpless or mentally helpless. 

(2) Criminal abuse in the third degree is a Class A misdemeanor. 

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KY. REV. STAT. ANN. 532.060. SENTENCE OF IMPRISONMENT FOR FELONY; 

POSTINCARCERATION SUPERVISION 

(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of 

which shall be fixed within the limits provided by subsection (2), and subject to modification by 

the trial judge pursuant to KRS 532.070. 

(2) Unless otherwise provided by law, the authorized maximum terms of imprisonment for 

felonies are: 

(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life 

imprisonment; 

(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years; 

(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and 

(d) For a Class D felony, not less than one (1) year nor more than five (5) years. 

(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the 

sentence shall include an additional five (5) year period of postincarceration supervision which 

shall be added to the maximum sentence rendered for the offense. During this period of 

postincarceration supervision, if a defendant violates the provisions of postincarceration 

supervision, the defendant may be reincarcerated for: 

(a) The remaining period of his initial sentence, if any is remaining; and 

(b) The entire period of postincarceration supervision, or if the initial sentence has been 

served, for the remaining period of postincarceration supervision. 

(4) In addition to the penalties provided in this section, for any person subject to a period of 

postincarceration supervision pursuant to KRS 532.400 his or her sentence shall include an 

additional one (1) year period of postincarceration supervision following release from 

incarceration upon expiration of sentence if the offender is not otherwise subject to another form 

of postincarceration supervision. During this period of postincarceration supervision, if an 

offender violates the provisions of supervision, the offender may be reincarcerated for the 

remaining period of his or her postincarceration supervision. 

(5) The actual time of release within the maximum established by subsection (1), or as modified 

pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law. 

KY. REV. STAT. ANN. 532.090 SENTENCE OF IMPRISONMENT FOR MISDEMEANOR 

A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within 

the following maximum limitations: 

(l) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and 

(2) For a Class B misdemeanor, the term shall not exceed ninety (90) days. 

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LOUISIANA 

LA. REV. STAT. ANN. 14:93. CRUELTY TO JUVENILES 

A. Cruelty to juveniles is: 

(1) The intentional or criminally negligent mistreatment or neglect by anyone seventeen years 

of age or older of any child under the age of seventeen whereby unjustifiable pain or suffering 

is caused to said child. Lack of knowledge of the child’s age shall not be a defense; or 

(2) The intentional or criminally negligent exposure by anyone seventeen years of age or 

older of any child under the age of seventeen to a clandestine laboratory operation as defined 

by R.S. 40:983 in a situation where it is foreseeable that the child may be physically harmed. 

Lack of knowledge of the child’s age shall not be a defense. 

(3) The intentional or criminally negligent allowing of any child under the age of seventeen 

years by any person over the age of seventeen years to be present during the manufacturing, 

distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a 

controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances 

Law. Lack of knowledge of the child’s age shall not be a defense. 

B. The providing of treatment by a parent or tutor in accordance with the tenets of a wellrecognized religious method of healing, in lieu of medical treatment, shall not for that reason 

alone be considered to be criminally negligent mistreatment or neglect of a child. The provisions 

of this Subsection shall be an affirmative defense to a prosecution under this Section. Nothing 

herein shall be construed to limit the provisions of R.S. 40:1299.36.1. 

C. The trial judge shall have the authority to issue any necessary orders to protect the safety of 

the child during the pendency of the criminal action and beyond its conclusion. 

D. (1) Whoever commits the crime of cruelty to juveniles shall be fined not more than one 

thousand dollars or imprisoned with or without hard labor for not more than ten years, or both. 

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, whoever commits the 

crime of cruelty to juveniles as defined in Paragraph (A)(1) of this Section when the victim is 

eight years old or younger shall be imprisoned at hard labor for not more than twenty years. 

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MAINE 

ME. REV. STAT. ANN. TIT. 17-A, S 554. ENDANGERING THE WELFARE OF A CHILD 

1. A person is guilty of endangering the welfare of a child if that person: 

A. Knowingly permits a child to enter or remain in a house of prostitution. 

Violation of this paragraph is a Class D crime; 

B. Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a child 

under 16 years of age any intoxicating liquor, tobacco product as defined in Title 22, section 

1551, subsection 3, air rifles, gunpowder, smokeless powder or ammunition for firearms. 

Violation of this paragraph is a Class D crime; 

B-2. Being a parent, foster parent, guardian or other person responsible for the long-term 

general care and welfare of a child, recklessly fails to take reasonable measures to protect the 

child from the risk of further bodily injury after knowing: 

(1) That the child had, in fact, sustained serious bodily injury or bodily injury under 

circumstances posing a substantial risk of serious bodily injury; and 

(2) That such bodily injury was, in fact, caused by the unlawful use of physical force by 

another person. Violation of this paragraph is a Class C crime; 

B-3. Being the parent, foster parent, guardian or other person having the care and custody of a 

child, knowingly deprives the child of necessary health care, with a result that the child is 

placed in danger of serious harm. Violation of this paragraph is a Class D crime; or 

C. Otherwise recklessly endangers the health, safety or welfare of the child by violating a duty 

of care or protection. Violation of this paragraph is a Class D crime. 

2. It is an affirmative defense to prosecution under this section that: 

A. The defendant was the parent, foster parent, guardian or other similar person responsible 

for the long-term general care and welfare of the child under 16 years of age who furnished 

the child any tobacco product as defined in Title 22, section 1551, subsection 3 or a 

reasonable amount of intoxicating liquor in the actor’s home and presence; 

B. The defendant was a person acting pursuant to authority expressly or impliedly granted in 

Title 22; or 

C. The defendant was the parent, foster parent, guardian or an adult approved by the parent, 

foster parent or guardian who furnished the child under 16 years of age an air rifle, 

gunpowder, smokeless powder or ammunition for a firearm for use in a supervised manner. 

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ME. REV. STAT. ANN. TIT. 17-A, 1604. IMPRISONMENT FOR CRIMES OTHER THAN 

MURDER 

1. Maximum terms of imprisonment dependent on crime class. Unless a different maximum 

term of imprisonment is specified by statute, the maximum term of imprisonment is as follows: 

A. In the case of a Class A crime, 30 years; 

B. In the case of a Class B crime, 10 years; 

C. In the case of a Class C crime, 5 years; 

D. In the case of a Class D crime, less than one year; or 

E. In the case of a Class E crime, 6 months. 

2. Exceptions to maximum term of imprisonment based on crime class. Notwithstanding 

subsection 1: 

A. In the case of the Class A crime of aggravated attempted murder, the court shall set a term 

of imprisonment under section 152-A, subsection 2 of life or a definite period of any term of 

years; 

B. If the State pleads and proves that the defendant is a repeat sexual assault offender, the 

court may set a definite term of imprisonment under section 253-A, subsection 1 for any term 

of years; and 

C. In the case of the Class A crime of gross sexual assault against an individual who had not 

yet attained 12 years of age, the court shall set a definite term of imprisonment under section 

253-A, subsection 2 for any term of years. 

3. Mandatory minimum term of imprisonment for crime with use of firearm against an 

individual. If the State pleads and proves that a Class A, B or C crime was committed with the 

use of a firearm against an individual, the minimum sentence of imprisonment, which may not be 

suspended, is as follows: 

A. In the case of a Class A crime, 4 years; 

B. In the case of a Class B crime, 2 years; and 

C. In the case of a Class C crime, one year. 

For purposes of this subsection, the applicable sentencing class is determined in accordance with 

subsection 5, paragraph A. 

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This subsection does not apply if the State pleads and proves criminal threatening or attempted 

criminal threatening, as defined in section 209, or terrorizing or attempted terrorizing, as defined 

in section 210, subsection 1, paragraph A. 

4. Mandatory minimum sentence of imprisonment for certain drug crimes. For an individual 

convicted of violating section 1105-A, 1105-B, 1105-C, 1105-D or 1118-A, except as otherwise 

provided in section 1125, subsections 2 and 3, the court shall impose a minimum sentence 

of imprisonment, which may not be suspended, as provided in section 1125, subsection 1. 

5. Circumstances elevating class of crime. The following circumstances elevate the class of 

a crime. 

A. If the State pleads and proves that a Class B, C, D or E crime was committed with the use 

of a dangerous weapon, then the sentencing class for such crime is one class higher than it 

would otherwise be. In the case of a Class A crime committed with the use of a dangerous 

weapon, such use must be assigned special weight by the court in exercising its sentencing 

discretion. This paragraph does not apply to a violation or an attempted violation of section 

208, to any other offenses to which use of a dangerous weapon serves as an element or to any 

offense for which the sentencing class is otherwise elevated because the actor or an 

accomplice to that actor’s or accomplice’s knowledge was armed with a firearm or other 

dangerous weapon. 

B. If the State pleads and proves that, at the time any crime, excluding murder, under chapter 

9, 11, 12, 13, 27 or 35, excluding section 853-A; section 402-A, subsection 1, paragraph A; or 

section 752-A or 752-C was committed, or an attempt of any such crime was committed, the 

individual had 2 or more prior convictions under chapter 9, 11,12, 13, 27 or 35, excluding 

section 853-A; section 402-A, subsection 1, paragraph A; or section 752-A or 752-C, or for an 

attempt of any such crime, or for engaging in substantially similar conduct in another 

jurisdiction, the sentencing class for the crime is one class higher than it would otherwise be. 

(1) In the case of a Class A crime, the sentencing class is not elevated, but the prior record 

must be assigned special weight by the court when imposing a sentence. 

(2) Section 9-A governs the use of prior convictions when determining a sentence, except 

that, for the purposes of this paragraph, for violations under chapter 11, the dates of prior 

convictions may have occurred at any time. 

This paragraph does not apply to section 210-A if the prior convictions have already 

served to elevate the sentencing class under section 210-A, subsection 1, paragraph C or E 

or any other offense in which prior convictions have already served to elevate the 

sentencing class. 

C. The sentencing class for a crime that is pled and proved and is subject to elevation pursuant 

to both paragraphs A and B may be elevated successively pursuant to both of those 

paragraphs if the crime that is pled and proved contains different class elevation factors. 

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6. Special weight required for certain aggravating sentencing factors pleaded and proved. In 

exercising its sentencing discretion, a court shall assign special weight to the following 

aggravating sentencing factors pleaded and proved by the State: 

A. In the case of Class A gross sexual assault, the aggravating sentencing factor specified in 

section 253-A, subsection 3, paragraph A; 

B. In the case of gross sexual assault in violation of section 253, subsection 1 or section 253, 

subsection 2, the aggravating sentencing factor specified in section 253-A, subsection 3, 

paragraph B; and 

C. In the case of sexual exploitation of a minor, the aggravating sentencing factor specified in 

section 282, subsection 3. 

7. Special weight required for certain aggravating sentencing factors found present by court. In 

exercising its sentencing discretion, the court shall assign special weight to the following 

aggravating sentencing factors if found by the court. 

A. In imposing a sentencing alternative involving a term of imprisonment for an individual 

convicted of aggravated attempted murder, attempted murder, manslaughter, elevated 

aggravated assault or aggravated assault of a child who had not in fact attained 6 years of age 

at the time the crime was committed, the court shall assign special weight to this objective 

fact in determining the basic term of imprisonment as the first step in the sentencing process 

specified in section 1602, subsection 1, paragraph A. The court shall assign special weight to 

any subjective victim impact in determining the maximum term of incarceration in the 2nd 

step in the sentencing process specified in section 1602, subsection 1, paragraph B. The court 

may not suspend that portion of the maximum term of imprisonment based on objective or 

subjective victim impact in arriving at the final sentence as the 3rd and final step in the 

sentencing process specified in section 1602, subsection 1, paragraph C. This paragraph may 

not be construed to restrict a court in setting a sentence from considering the age of the victim 

in other circumstances when relevant. 

B. In imposing a sentencing alternative involving a term of imprisonment for an individual 

convicted of aggravated attempted murder, attempted murder, manslaughter, elevated 

aggravated assault or aggravated assault of a woman who the convicted individual knew or 

had reasonable cause to believe to be in fact pregnant at the time the crime was committed, 

the court shall assign special weight to this fact in determining the basic term 

of imprisonment as the first step in the sentencing process specified in section 1602, 

subsection 1, paragraph A. The court shall assign special weight to any subjective victim 

impact in determining the maximum term of incarceration in the 2nd step in the sentencing 

process specified in section 1602, subsection 1, paragraph B. The court may not suspend that 

portion of the maximum term of imprisonment based on objective or subjective victim impact 

in arriving at the final sentence as the 3rd and final step in the sentencing process specified in 

section 1602, subsection 1, paragraph C. This paragraph may not be construed to restrict a 

court in setting a sentence from considering the fact that the victim was pregnant in other 

circumstances when relevant. 

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C. In imposing a sentencing alternative involving a term of imprisonment for an individual 

convicted of a Class C or higher crime, the victim of which was at the time of the commission 

of the crime in fact being stalked by that individual, the court shall assign special weight to 

this objective fact in determining the basic sentence in the first step of the sentencing process 

specified in section 1602, subsection 1, paragraph A. The court shall assign special weight to 

any subjective victim impact caused by the stalking in determining the maximum term of 

incarceration in the 2nd step in the sentencing process specified in section 1602, subsection 1, 

paragraph B. 

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MARYLAND 

MD. CODE. ANN., CRIM. LAW S 3-601. CHILD ABUSE 

(a) Definitions. 

(1) In this section the following words have the meanings indicated. 

(2) "Abuse" means physical injury sustained by a minor as a result of cruel or inhumane 

treatment or as a result of a malicious act under circumstances that indicate that the minor's 

health or welfare is harmed or threatened by the treatment or act. 

(3) "Family member" means a relative of a minor by blood, adoption, or marriage. 

(4) "Household member" means a person who lives with or is a regular presence in a home of a 

minor at the time of the alleged abuse. 

(5) "Severe physical injury" means: 

(i) brain injury or bleeding within the skull; 

(ii) starvation; or 

(iii) physical injury that: 

1. creates a substantial risk of death; or 

2. causes permanent or protracted serious: 

A. disfigurement; 

B. loss of the function of any bodily member or organ; or 

C. impairment of the function of any bodily member or organ. 

(b) First-degree child abuse. 

(1) A parent, family member, household member, or other person who has permanent or 

temporary care or custody or responsibility for the supervision of a minor may not cause abuse to 

the minor that: 

(i) results in the death of the minor; or 

(ii) causes severe physical injury to the minor. 

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of 

this subsection is guilty of the felony of child abuse in the first degree and on conviction is 

subject to: 

(i) imprisonment not exceeding 25 years; 

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(ii) if the violation results in the death of a victim at least 13 years old, imprisonment not 

exceeding 40 years; or 

(iii) if the violation results in the death of a victim under the age of 13 years, imprisonment 

not exceeding life. 

(c) Repeated offense. A person who violates this section after being convicted of a previous 

violation of this section is guilty of a felony and on conviction is subject to: 

(1) imprisonment not exceeding 25 years; or 

(2) if the violation results in the death of the victim, imprisonment not exceeding life. 

(d) Second-degree child abuse. 

(1) (i) A parent or other person who has permanent or temporary care or custody or 

responsibility for the supervision of a minor may not cause abuse to the minor. 

(ii) A household member or family member may not cause abuse to a minor. 

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) 

of this subsection is guilty of the felony of child abuse in the second degree and on conviction 

is subject to imprisonment not exceeding 15 years. 

(e) Sentencing. A sentence imposed under this section may be separate from and consecutive to 

or concurrent with a sentence for any crime based on the act establishing the violation of this 

section. 

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MASSACHUSETTS 

MASS. GEN. LAWS ANN. CH. 265, 13J. ASSAULT AND BATTERY UPON A CHILD; 

PENALTIES 

(a) For the purposes of this section, the following words shall, unless the context indicates 

otherwise, have the following meanings: 

''Bodily injury,'' substantial impairment of the physical condition including any burn, fracture of 

any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result 

of repeated harm to any bodily function or organ including human skin or any physical condition 

which substantially imperils a child's health or welfare. 

''Child,'' any person under fourteen years of age. 

''Person having care and custody,'' a parent, guardian, employee of a home or institution or any 

other person with equivalent supervision or care of a child, whether the supervision is temporary 

or permanent. 

''Substantial bodily injury,'' bodily injury which creates a permanent disfigurement, protracted 

loss or impairment of a function of a body member, limb or organ, or substantial risk of death. 

(b) Whoever commits an assault and battery upon a child and by such assault and battery causes 

bodily injury shall be punished by imprisonment in the state prison for not more than five years 

or imprisonment in the house of correction for not more than two and one-half years. 

Whoever commits an assault and battery upon a child and by such assault and battery causes 

substantial bodily injury shall be punished by imprisonment in the state prison for not more than 

fifteen years or imprisonment in the house of correction for not more than two and one-half 

years. 

Whoever, having care and custody of a child, wantonly or recklessly permits bodily injury to 

such child or wantonly or recklessly permits another to commit an assault and battery upon such 

child, which assault and battery causes bodily injury, shall be punished by imprisonment for not 

more than two and one-half years in the house of correction. 

Whoever, having care and custody of a child, wantonly or recklessly permits substantial bodily 

injury to such child or wantonly or recklessly permits another to commit an assault and battery 

upon such child, which assault and battery causes substantial bodily injury, shall be punished by 

imprisonment in the state prison for not more than five years, or by imprisonment in a jail or 

house of correction for not more than two and one-half years. 

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MICHIGAN 

MICH. COMP. LAW ANN. 750.136B. DEFINITIONS; CHILD ABUSE; DEGREES; 

PENALTIES; EXCEPTION; AFFIRMATIVE DEFENSE 

(1) As used in this section: 

(a) “Child” means a person who is less than 18 years of age and is not emancipated by 

operation of law as provided in section 4 of 1968 PA 293, MCL 722.4. 

(b) “Cruel” means brutal, inhuman, sadistic, or that which torments. 

(c) “Omission” means a willful failure to provide food, clothing, or shelter necessary for a 

child’s welfare or willful abandonment of a child. 

(d) “Person” means a child’s parent or guardian or any other person who cares for, has 

custody of, or has authority over a child regardless of the length of time that a child is cared 

for, in the custody of, or subject to the authority of that person. 

(e) “Physical harm” means any injury to a child’s physical condition. 

(f) “Serious physical harm” means any physical injury to a child that seriously impairs the 

child’s health or physical well-being, including, but not limited to, brain damage, a skull or 

bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, 

poisoning, burn or scald, or severe cut. 

(g) “Serious mental harm” means an injury to a child’s mental condition or welfare that is not 

necessarily permanent but results in visibly demonstrable manifestations of a substantial 

disorder of thought or mood which significantly impairs judgment, behavior, capacity to 

recognize reality, or ability to cope with the ordinary demands of life. 

(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally 

causes serious physical harm or serious mental harm to a child. Child abuse in the first degree is 

a felony punishable by imprisonment for life or any term of years. 

(3) A person is guilty of child abuse in the second degree if any of the following apply: 

(a) The person’s omission causes serious physical harm or serious mental harm to a child or if 

the person’s reckless act causes serious physical harm or serious mental harm to a child. 

(b) The person knowingly or intentionally commits an act likely to cause serious physical or 

mental harm to a child regardless of whether harm results. 

(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of 

whether harm results. 

(d) The person or a licensee, as licensee is defined in section 1 of 1973 PA 116, MCL 

722.111, violates section 15(2) of 1973 PA 116, MCL 722.125. 

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(4) Child abuse in the second degree is a felony punishable by imprisonment as follows: 

(a) For a first offense, not more than 10 years. 

(b) For an offense following a prior conviction, not more than 20 years. 

(5) A person is guilty of child abuse in the third degree if any of the following apply: 

(a) The person knowingly or intentionally causes physical harm to a child. 

(b) The person knowingly or intentionally commits an act that under the circumstances poses 

an unreasonable risk of harm or injury to a child, and the act results in physical harm to a 

child. 

(6) Child abuse in the third degree is a felony punishable by imprisonment as follows: 

(a) For a first offense, not more than 2 years. 

(b) For an offense following a prior conviction, not more than 5 years. 

(7) A person is guilty of child abuse in the fourth degree if any of the following apply: 

(a) The person’s omission or reckless act causes physical harm to a child. 

(b) The person knowingly or intentionally commits an act that under the circumstances poses 

an unreasonable risk of harm or injury to a child, regardless of whether physical harm results. 

(8) Child abuse in the fourth degree is a crime punishable as follows: 

(a) For a first offense, a misdemeanor punishable by imprisonment for not more than 1 year. 

(b) For an offense following a prior conviction, a felony punishable by imprisonment for not 

more than 2 years. 

(9) This section does not prohibit a parent or guardian, or other person permitted by law or 

authorized by the parent or guardian, from taking steps to reasonably discipline a child, including 

the use of reasonable force. 

(10) It is an affirmative defense to a prosecution under this section that the defendant’s conduct 

involving the child was a reasonable response to an act of domestic violence in light of all the 

facts and circumstances known to the defendant at that time. The defendant has the burden of 

establishing the affirmative defense by a preponderance of the evidence. As used in this 

subsection, “domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 

400.1501. 

(11) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant 

having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and 

information a statement listing the prior conviction or convictions. The existence of the 

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defendant’s prior conviction or convictions must be determined by the court, without a jury, at 

sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior 

conviction may be established by any evidence relevant for that purpose, including, but not 

limited to, 1 or more of the following: 

(a) A copy of the judgment of conviction. 

(b) A transcript of a prior trial, plea-taking, or sentencing. 

(c) Information contained in a presentence report. 

(d) The defendant’s statement. 

(12) As used in this section, “prior conviction” means a violation of this section or a violation of 

a law of another state substantially corresponding to this section. 

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MINNESOTA 

MINN. STAT. ANN. 609.377. MALICIOUS PUNISHMENT OF CHILD 

Subdivision 1. Malicious punishment. 

A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts 

with respect to a child, evidences unreasonable force or cruel discipline that is excessive under 

the circumstances is guilty of malicious punishment of a child and may be sentenced as provided 

in subdivisions 2 to 6. 

Subd. 2. Gross misdemeanor. 

If the punishment results in less than substantial bodily harm, the person may be sentenced to 

imprisonment for not more than one year or to payment of a fine of not more than $3,000, or 

both. 

Subd. 3. Enhancement to a felony. 

Whoever violates the provisions of subdivision 2 during the time period between a previous 

conviction or adjudication for delinquency under this section or sections 609.221 to 

609.2231, 609.224, 609.2242, 609.342 to 609.345, or 609.713, and the end of five years 

following discharge from sentence or disposition for that conviction or adjudication may be 

sentenced to imprisonment for not more than five years or a fine of $10,000, or both. 

Subd. 4. Felony; child under age four. 

If the punishment is to a child under the age of four and causes bodily harm to the head, eyes, 

neck, or otherwise causes multiple bruises to the body, the person may be sentenced to 

imprisonment for not more than five years or a fine of $10,000, or both. 

Subd. 5. Felony; substantial bodily harm. 

If the punishment results in substantial bodily harm, the person may be sentenced to 

imprisonment for not more than five years or to payment of a fine of not more than $10,000, or 

both. 

Subd. 6. Felony; great bodily harm. 

If the punishment results in great bodily harm, the person may be sentenced to imprisonment for 

not more than ten years or to payment of a fine of not more than $20,000, or both. 

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MISSISSIPPI 

MISS. CODE ANN. 97-5-39. CONTRIBUTING TO THE NEGLECT OR DELINQUENCY OF 

A CHILD; FELONIOUS ABUSE AND/OR BATTERY OF A CHILD 

(l) 

(a) Except as otherwise provided in this section, any parent, guardian or other person who 

intentionally, knowingly or recklessly commits any act or omits the performance of any duty, 

which act or omission contributes to or tends to contribute to the neglect or delinquency of 

any child or which act or omission results in the abuse of any child, as defined in Section 43-

21105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting 

himself from the guardianship or custody of any person, agency or institution, or knowingly 

harbors or conceals, or aids in harboring or concealing, any child who has absented himself 

without permission from the guardianship or custody of any person, agency or institution to 

which the child shall have been committed by the youth court shall be guilty of a 

misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand 

Dollars ($1,000.00), or by imprisonment not to exceed one ( l ) year in jail, or by both such 

fine and imprisonment. 

(b) For the purpose of this section, a child is a person who has not reached his eighteenth 

birthday. A child who has not reached his eighteenth birthday and is on active duty for a 

branch of the armed services, or who is married, is not considered a child for the purposes of 

this statute. 

(c) If a child commits one (1) of the proscribed acts in subsection (2)(a), (b) or (c) of this 

section upon another child, then original jurisdiction of all such offenses shall be in youth 

court. 

(d) If the child's deprivation of necessary clothing, shelter, health care or supervision 

appropriate to the child's age results in substantial harm to the child's physical, mental or 

emotional health, the person may be sentenced to imprisonment in custody of the Department 

of Corrections for not more than five (5) years or to payment of a fine of not more than Five 

Thousand Dollars ($5,000.00), or both. 

(e) A parent, legal guardian or Other person who knowingly permits the continuing physical 

or sexual abuse of a child is guilty of neglect of a child and may be sentenced to 

imprisonment in the custody of the Department of Corrections for not more than ten (10) 

years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both. 

(2) Any person shall be guilty of felonious child abuse in the following circumstances: 

(a) Whether bodily harm results or not, if the person shall intentionally, knowingly or 

recklessly: 

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(i) Burn any child; 

(ii) Physically torture any child; 

(iii) Strangle, choke, smother or in any way interfere with any child's breathing; 

(iv) Poison a child; 

(v) Starve a child of nourishments needed to sustain life or growth; 

(vi) Use any type of deadly weapon upon any child; 

(b) If some bodily harm to any child actually occurs, and if the person shall intentionally, 

knowingly, or recklessly: 

(i) Throw, kick, bite, or cut any child; 

(ii) Strike a child under the age of fourteen (14) about the face or head with a closed fist; 

(iii) Strike a child under the age of five (5) in the face or head; 

(iv) Kick, bite, cut or strike a child's genitals; circumcision of a male child is not a 

violation under this subparagraph (iv); 

(c) If serious bodily harm to any child actually occurs, and if the person shall intentionally, 

knowingly or recklessly: 

(i) Strike any child on the face or head; 

(ii) Disfigure or scar any child; 

(iii) Whip, strike, or otherwise abuse any child; 

(d) Any person, upon conviction under paragraph (a) or (c) of this subsection, shall be 

sentenced by the court to imprisonment in the custody of the Department of Corrections for a 

term of not less than five (5) years and up to life, as determined by the court. Any person, 

upon conviction under paragraph (b) of this subsection shall be sentenced by the court to 

imprisonment in the custody of the Department of Corrections for a term of not less than two 

(2) years nor more than ten (10) years, as determined by the court. For any second or 

subsequent conviction under this subsection (2), the person shall be sentenced to 

imprisonment for life. 

(e) For the purposes of this subsection (2), "bodily harm" means any bodily injury to a child 

and includes, but is not limited to, bruising, bleeding, lacerations, soft tissue swelling, and 

external or internal swelling of anybody organ. 

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(f) For the purposes of this subsection (2), "serious bodily harm" means any serious bodily 

injury to a child and includes, but is not limited to, the fracture of a bone, permanent 

disfigurement, permanent scarring, or any internal bleeding or internal trauma to any organ, 

any brain damage, any injury to the eye or ear of a child or other vital organ, and impairment 

of any bodily function. 

(g) Nothing contained in paragraph (c) of this subsection shall preclude a parent or guardian 

from disciplining a child of that parent or guardian, or shall preclude a person in loco 

parentis to a child from disciplining that child, if done in a reasonable manner, and 

reasonable corporal punishment or reasonable discipline as to that parent or guardian's child 

or child to whom a person stands in loco parentis shall be a defense to any violation charged 

under paragraph (c) of this subsection. 

(h) Reasonable discipline and reasonable corporal punishment shall not be a defense to acts 

described in paragraphs (a) and (b) of this subsection or if a child suffers serious bodily 

harm as a result of any act prohibited under paragraph (c) of this subsection. 

(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or 

other person under any statute of this state or any municipal ordinance defining any act as a 

crime or misdemeanor. Nothing in the provisions of this section shall preclude any person 

from having a right to trial by jury when charged with having violated the provisions of this 

section. 

(4)(a) A parent, legal guardian or caretaker who endangers a child's person or health by 

knowingly causing or permitting the child to be present where any person is selling, 

manufacturing or possessing immediate precursors or chemical substances with intent to 

manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41 

29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more 

than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars (10,000.00), 

or both. 

(b) If the endangerment results in substantial harm to the child's physical, mental or emotional 

health, the person may be sentenced to imprisonment for not more than twenty (20) years or 

to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both. 

(5) Nothing contained in this section shall prevent proceedings against the parent, guardian or 

other person under any statute of this state or any municipal ordinance defining any act as a 

crime or misdemeanor. Nothing in the provisions of this section shall preclude any person 

from having a right to trial by jury when charged with having violated the provisions of this 

section. 

(6) After consultation with the Department of Human Services, a regional mental health center 

or an appropriate professional person, a judge may suspend imposition or execution of a 

sentence provided in subsections (1) and (2) of this section and in lieu thereof require 

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treatment over a specified period of time at any approved public or private treatment facility. 

A person may be eligible for treatment in lieu of criminal penalties no more than one (1) time. 

(7) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth 

Court Law, the testimony of the physician making the report regarding the child's injuries or 

condition or cause thereof shall not be excluded on the ground that the physician's testimony 

violates the physician-patient privilege or similar privilege or rule against disclosure. The 

physician's report shall not be considered as evidence unless introduced as an exhibit to his 

testimony. 

(8) Any criminal prosecution arising from a violation of this section shall be tried in the 

circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing 

herein shall abridge or dilute the contempt powers of the youth court. 

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MISSOURI 

MO. ANN. STAT. 568.060. ABUSE OR NEGLECT OF A CHILD, PENALTY 

1. As used in this section, the following terms shall mean: 

(1) “Abuse,” the infliction of physical, sexual, or mental injury against a child by any person 

eighteen years of age or older. For purposes of this section, abuse shall not include injury 

inflicted on a child by accidental means by a person with care, custody, or control of the child, 

or discipline of a child by a person with care, custody, or control of the child, including 

spanking, in a reasonable manner; 

(2) “Abusive head trauma,” a serious physical injury to the head or brain caused by any 

means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or 

kicking; 

(3) “Mental injury,” an injury to the intellectual or psychological capacity or the emotional 

condition of a child as evidenced by an observable and substantial impairment of the ability of 

the child to function within his or her normal range of performance or behavior; 

(4) “Neglect,” the failure to provide, by those responsible for the care, custody, and control of 

a child under the age of eighteen years, the care reasonable and necessary to maintain the 

physical and mental health of the child, when such failure presents a substantial probability 

that death or physical injury or sexual injury would result; 

(5) “Physical injury,” physical pain, illness, or any impairment of physical condition, 

including but not limited to bruising, lacerations, hematomas, welts, or permanent or 

temporary disfigurement and impairment of any bodily function or organ; 

(6) “Serious emotional injury,” an injury that creates a substantial risk of temporary or 

permanent medical or psychological damage, manifested by impairment of a behavioral, 

cognitive, or physical condition. Serious emotional injury shall be established by testimony of 

qualified experts upon the reasonable expectation of probable harm to a reasonable degree of 

medical or psychological certainty; 

(7) “Serious physical injury,” a physical injury that creates a substantial risk of death or that 

causes serious disfigurement or protracted loss or impairment of the function of any part of 

the body. 

2. A person commits the offense of abuse or neglect of a child if such person knowingly causes a 

child who is less than eighteen years of age: 

(1) To suffer physical or mental injury as a result of abuse or neglect; or 

(2) To be placed in a situation in which the child may suffer physical or mental injury as the 

result of abuse or neglect. 

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3. A person commits the offense of abuse or neglect of a child if such person recklessly causes a 

child who is less than eighteen years of age to suffer from abusive head trauma. 

4. A person does not commit the offense of abuse or neglect of a child by virtue of the sole fact 

that the person delivers or allows the delivery of a child to a provider of emergency services. 

5. The offense of abuse or neglect of a child is: 

(1) A class D felony, without eligibility for probation, parole, or conditional release until the 

defendant has served no less than one year of such sentence, unless the person has previously 

been found guilty of a violation of this section or of a violation of the law of any other 

jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child is a 

serious emotional injury or a serious physical injury, in which case abuse or neglect of a child 

is a class B felony, without eligibility for probation or parole until the defendant has served 

not less than five years of such sentence; or 

(2) A class A felony if the child dies as a result of injuries sustained from conduct chargeable 

under the provisions of this section. 

6. Notwithstanding subsection 5 of this section to the contrary, the offense of abuse or neglect of 

a child is a class A felony, without eligibility for probation, parole, or conditional release until 

the defendant has served not less than fifteen years of such sentence, if: 

(1) The injury is a serious emotional injury or a serious physical injury; 

(2) The child is less than fourteen years of age; and 

(3) The injury is the result of sexual abuse or sexual abuse in the first degree as defined under 

section 566.100 or sexual exploitation of a minor as defined under section 573.023. 

7. The circuit or prosecuting attorney may refer a person who is suspected of abuse or neglect of 

a child to an appropriate public or private agency for treatment or counseling so long as the 

agency has consented to taking such referrals. Nothing in this subsection shall limit the 

discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for 

treatment or counseling pursuant to this subsection. 

8. Nothing in this section shall be construed to alter the requirement that every element of any 

crime referred to herein must be proven beyond a reasonable doubt. 

9. Discipline, including spanking administered in a reasonable manner, shall not be construed to 

be abuse under this section. 

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MO. ANN. STAT. 558.011. SENTENCE OF IMPRISONMENT, TERMS—CONDITIONAL 

RELEASE 

1. The authorized terms of imprisonment, including both prison and conditional release terms, 

are: 

(1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, 

or life imprisonment; 

(2) For a class B felony, a term of years not less than five years and not to exceed fifteen 

years; 

(3) For a class C felony, a term of years not less than three years and not to exceed ten years; 

(4) For a class D felony, a term of years not to exceed seven years; 

(5) For a class E felony, a term of years not to exceed four years; 

(6) For a class A misdemeanor, a term not to exceed one year; 

(7) For a class B misdemeanor, a term not to exceed six months; 

(8) For a class C misdemeanor, a term not to exceed fifteen days. 

2. In cases of class D and E felonies, the court shall have discretion to imprison for a special 

term not to exceed one year in the county jail or other authorized penal institution, and the place 

of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a 

term longer than one year upon a person convicted of a class D or E felony, it shall commit the 

person to the custody of the department of corrections. 

3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit 

the person to the custody of the department of corrections for the term imposed under section 

557.036, or until released under procedures established elsewhere by law. 

(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court 

shall commit the person to the county jail or other authorized penal institution for the term of 

his or her sentence or until released under procedure established elsewhere by law. 

4. (1) Except as otherwise provided, a sentence of imprisonment for a term of years for felonies 

other than dangerous felonies as defined in section 556.061, and other than sentences of 

imprisonment which involve the individual’s fourth or subsequent remand to the department of 

corrections shall consist of a prison term and a conditional release term. The conditional release 

term of any term imposed under section 557.036 shall be: 

(a) One-third for terms of nine years or less; 

(b) Three years for terms between nine and fifteen years; 

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(c) Five years for terms more than fifteen years; and the prison term shall be the remainder 

of such term. The prison term may be extended by the board of probation and parole 

pursuant to subsection 5 of this section. 

(2) “Conditional release” means the conditional discharge of an offender by the board of 

probation and parole, subject to conditions of release that the board deems reasonable to assist 

the offender to lead a law-abiding life, and subject to the supervision under the state board of 

probation and parole. The conditions of release shall include avoidance by the offender of any 

other offense, federal or state, and other conditions that the board in its discretion deems 

reasonably necessary to assist the releasee in avoiding further violation of the law. 

5. The date of conditional release from the prison term may be extended up to a maximum of 

the entire sentence of imprisonment by the board of probation and parole. The director of any 

division of the department of corrections except the board of probation and parole may file with 

the board of probation and parole a petition to extend the conditional release date when an 

offender fails to follow the rules and regulations of the division or commits an act in violation of 

such rules. Within ten working days of receipt of the petition to extend the conditional release 

date, the board of probation and parole shall convene a hearing on the petition. The offender 

shall be present and may call witnesses in his or her behalf and cross-examine witnesses 

appearing against the offender. The hearing shall be conducted as provided in section 217.670. 

If the violation occurs in close proximity to the conditional release date, the conditional release 

may be held for a maximum of fifteen working days to permit necessary time for the division 

director to file a petition for an extension with the board and for the board to conduct a hearing, 

provided some affirmative manifestation of an intent to extend the conditional release has 

occurred prior to the conditional release date. If at the end of a fifteen-working-day period a 

board decision has not been reached, the offender shall be released conditionally. The decision 

of the board shall be final. 

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MONTANA 

MONT. CODE. ANN. 45-5-212. ASSAULT ON MINOR 

(1) A person commits the offense of assault on a minor if the person commits an offense 

under 45-5-201, and at the time of the offense, the victim is under 14 years of age and the 

offender is 18 years of age or older. 

(2)(a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of assault on a minor 

shall be imprisoned in a state prison for a term not to exceed 5 years or be fined not more than 

$50,000, or both. 

(b) If at the time of the offense the victim is under 36 months of age, a person convicted of 

assault on a minor: 

(i) for a first offense under this subsection (2)(b) shall be imprisoned in a state prison for a 

term not to exceed 10 years or be fined not more than $50,000, or both; or 

(ii) for a second or subsequent offense under this subsection (2)(b) shall be imprisoned in a 

state prison for a term not to exceed 20 years or be fined not more than $50,000, or both. 

(c) If at the time of the offense the victim is under 36 months of age, a person convicted of 

assault on a minor that resulted in serious bodily injury to the victim: 

(i) for a first offense under this subsection (2)(c) shall be imprisoned in a state prison for a 

term not to exceed 20 years or be fined not more than $50,000, or both; or 

(ii) for a second or subsequent offense under this subsection (2)(c) shall be imprisoned in a 

state prison for a term not to exceed 40 years or be fined not more than $50,000, or both. 

(3) An offender convicted of an offense under subsection (2)(b) or (2)(c) shall pay for and 

complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, 

and chemical dependency and complete all recommendations for counseling, referrals, 

attendance at psychoeducational groups, or treatment, including any indicated chemical 

dependency treatment, made by the counseling provider. The counseling provider must be 

approved by the court and be a person licensed under Title 37, chapter 17, 22, or 23, or a 

professional person as defined in 53-21-102. The offender shall complete a minimum of 40 

hours of counseling. 

MONT. CODE ANN. 45-5-206. PARTNER OR FAMILY MEMBER ASSAULT—PENALTY 

(1) A person commits the offense of partner or family member assault if the person: 

(a) purposely or knowingly causes bodily injury to a partner or family member; 

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(b) negligently causes bodily injury to a partner or family member with a weapon; or 

(c) purposely or knowingly causes reasonable apprehension of bodily injury in a partner or 

family member. 

(2) For the purposes of Title 40, chapter 15, 45-5-231 through 45-5-234, 46-6-311, and this 

section, the following definitions apply: 

(a) “Family member” means mothers, fathers, children, brothers, sisters, and other past or 

present family members of a household. These relationships include relationships created by 

adoption and remarriage, including stepchildren, stepparents, in-laws, and adoptive children 

and parents. These relationships continue regardless of the ages of the parties and whether the 

parties reside in the same household. 

(b) “Partners” means spouses, former spouses, persons who have a child in common, and 

persons who have been or are currently in a dating or ongoing intimate relationship. 

(3)(a)(i) An offender convicted of partner or family member assault shall be fined an amount not 

less than $100 or more than $1,000 and be imprisoned in the county jail for a term not to exceed 

1 year or not less than 24 hours for a first offense. 

(ii) An offender convicted of a second offense under this section shall be fined not less 

than $300 or more than $1,000 and be imprisoned in the county jail not less than 72 hours 

or more than 1 year. 

(iii) Upon a first or second conviction, the offender may be ordered into misdemeanor 

probation as provided in 46-23-1005. 

(iv) On a third or subsequent conviction for partner or family member assault, the offender 

shall be fined not less than $500 and not more than $50,000 and be imprisoned for a term 

not less than 30 days and not more than 5 years. If the term of imprisonment does not 

exceed 1 year, the person shall be imprisoned in the county jail. If the term of 

imprisonment exceeds 1 year, the person shall be imprisoned in the state prison. 

(v) If the offense was committed within the vision or hearing of a minor, the judge shall 

consider the minor’s presence as a factor at the time of sentencing. 

(b) For the purpose of determining the number of convictions under this section, a conviction 

means: 

(i) a conviction, as defined in 45-2-101, under this section; 

(ii) a conviction for domestic abuse under this section; 

(iii) a conviction for a violation of a statute similar to this section in another state; 

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(iv) if the offender was a partner or family member of the victim, a conviction for 

aggravated assault under 45-5-202 or assault with a weapon under 45-5-213; 

(v) a conviction for strangulation of a partner or family member under 45-5-215; 

(vi) a conviction in another state for an offense related to domestic violence between 

partners or family members, as those terms are defined in this section, regardless of what 

the offense is named or whether it is misdemeanor or felony, if the offense involves 

conduct similar to conduct that is prohibited under 45-5-202, 45-5-213, or this section; or 

(vii) a forfeiture of bail or collateral deposited to secure the defendant’s appearance in 

court in this state or in another state for a violation of a statute similar to this section, 

which forfeiture has not been vacated. 

(4)(a) An offender convicted of partner or family member assault is required to pay for and 

complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, 

and chemical dependency. An investigative criminal justice report, as defined in 45-5-231, must 

be copied and sent to the offender intervention program, as defined in 45-5-231, to assist the 

counseling provider in properly assessing the offender’s need for counseling and treatment. 

Counseling providers shall take all required precautions to ensure the confidentiality of the 

report. If the report contains confidential information relating to the victim’s location or not 

related to the charged offense, that information must be deleted from the report prior to being 

sent to the offender intervention program. 

(b) The offender shall complete all recommendations for counseling, referrals, attendance at 

psychoeducational groups, or treatment, including any indicated chemical dependency 

treatment, made by the counseling provider. The counseling provider must be approved by the 

court. The counseling must include a preliminary assessment for counseling, as defined in 45-

5-231. The offender shall complete a minimum of 40 hours of counseling. The counseling 

may include attendance at psychoeducational groups, as defined in 45-5-231, in addition to 

the assessment. The preliminary assessment and counseling that holds the offender 

accountable for the offender’s violent or controlling behavior must meet the standards 

established pursuant to 44-7-210 and be: 

(i) with a person licensed under Title 37, chapter 17, 22, or 23; 

(ii) with a professional person as defined in 53-21-102; or 

(iii) in a specialized domestic violence intervention program. 

(c) The minimum counseling and attendance at psychoeducational groups provided in 

subsection (4)(b) must be directed to the violent or controlling conduct of the offender. Other 

issues indicated by the assessment may be addressed in additional counseling beyond the 

minimum 40 hours. Subsection (4)(b) does not prohibit the placement of the offender in other 

appropriate treatment if the court determines that there is no available treatment program 

directed to the violent or controlling conduct of the offender. 

127 
(5) In addition to any sentence imposed under subsections (3) and (4), after determining the 

financial resources and future ability of the offender to pay restitution as provided for in 46-18-

242, the court shall require the offender, if able, to pay the victim’s reasonable actual medical, 

housing, wage loss, and counseling costs. 

(6) In addition to the requirements of subsection (5), if financially able, the offender must be 

ordered to pay for the costs of the offender’s probation, if probation is ordered by the court. 

(7) The court may prohibit an offender convicted under this section from possession or use of the 

firearm used in the assault. The court may enforce 45-8-323 if a firearm was used in the assault. 

(8) The court shall provide an offender with a written copy of the offender’s sentence at the time 

of sentencing or within 2 weeks of sentencing if the copy is sent electronically or by mail. 

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NEBRASKA 

NEB. REV. STAT. S 28-707. CHILD ABUSE; PRIVILEGES NOT AVAILABLE; PENALTIES 

(l) A person commits child abuse if he or she knowingly, intentionally, or negligently causes or 

permits a minor child to be: 

(a) Placed in a situation that endangers his or her life or physical or mental health; 

(b) Cruelly confined or cruelly punished; 

(c) Deprived of necessary food, clothing, shelter, or care; 

(d) Placed in a situation to be sexually exploited through sex trafficking of a minor as 

defined in section 28-830 or by allowing, encouraging, or forcing such minor child to engage 

in debauchery, public indecency, or obscene or pornographic photography, films, or 

depictions; 

(e) Placed in a situation to be sexually abused as defined in section 28-319, 28-319.01, or 

28-320.01; or 

(f) Placed in a situation to be a trafficking victim as defined in section 28-830. 

(2) The statutory privilege between patient and physician, between client and professional 

counselor, and between husband and wife shall not be available for excluding or refusing 

testimony in any prosecution for a violation of this section. 

(3) Child abuse is a Class I misdemeanor if the offense is committed negligently and does not 

result in serious bodily injury as defined in section 28-109 or death. 

(4) Child abuse is a Class IIIA felony if the offense is committed knowingly and intentionally 

and does not result in serious bodily injury as defined in section 28-109 or death. 

(5) Child abuse is a Class IIIA felony if the offense is committed negligently and results in 

serious bodily injury as defined in section 28-109. 

(6) Child abuse is a Class III felony if the offense is committed negligently and results in the 

death of such child. 

(7) Child abuse is a Class II felony if the offense is committed knowingly and intentionally and 

results in serious bodily injury as defined in such section. 

(8) Child abuse is a Class IB felony if the offense is committed knowingly and intentionally and 

results in the death of such child. 

(9) For purposes of this section, negligently refers to criminal negligence and means that a 

person knew or should have known of the danger involved and acted recklessly, as defined in 

section 28-109, with respect to the safety or health of the minor child. 

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NEB. REV. STAT. 28-105. FELONIES; CLASSIFICATION OF PENALTIES; SENTENCES; 

WHERE SERVED; ELIGIBILITY FOR PROBATION 

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after 

the date of passage of the code, felonies are divided into ten classes which are distinguished from 

one another by the following penalties which are authorized upon conviction: 

Class I felony Death 

Class IA felony Life imprisonment 

Class IB felony Maximum—life imprisonment 

Minimum—twenty years imprisonment 

Class IC felony Maximum—fifty years imprisonment 

Mandatory minimum—five years imprisonment 

Class ID felony Maximum—fifty years imprisonment 

Mandatory minimum—three years imprisonment 

Class II felony Maximum—fifty years imprisonment 

Minimum—one year imprisonment 

Class IIA 

felony 

Maximum—twenty years imprisonment 

Minimum—none 

Class III felony Maximum—four years imprisonment and two years post-release 

supervision or twenty-five thousand dollars fine, or both 

Minimum—none for imprisonment and nine months post-release 

supervision if imprisonment is imposed 

Class IIIA 

felony 

Maximum—three years imprisonment and eighteen months post-release 

supervision or ten thousand dollars fine, or both 

Minimum—none for imprisonment and nine months post-release 

supervision if imprisonment is imposed 

Class IV felony Maximum—two years imprisonment and twelve months post-release 

supervision or ten thousand dollars fine, or both 

Minimum—none for imprisonment and none for post-release supervision 

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(2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be 

served in institutions under the jurisdiction of the Department of Correctional Services. All 

sentences for maximum terms of imprisonment of less than one year shall be served in the 

county jail. 

(3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to 

increase sentences for habitual criminals. 

(4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall 

not be eligible for probation. 

(5) All sentences of post-release supervision shall be served under the jurisdiction of the Office 

of Probation Administration and shall be subject to conditions imposed pursuant to section 29-

2262 and subject to sanctions authorized pursuant to section 29-2266.02. 

(6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony 

and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony 

shall not be subject to post-release supervision pursuant to subsection (1) of this section. 

(7) Any person who is sentenced to imprisonment for a Class III, IIIA, or IV felony committed 

prior to August 30, 2015, and sentenced concurrently or consecutively to imprisonment for a 

Class III, IIIA, or IV felony committed on or after August 30, 2015, shall not be subject to postrelease supervision pursuant to subsection (1) of this section. 

(8) The changes made to the penalties for Class III, IIIA, and IV felonies by Laws 2015, LB605, 

do not apply to any offense committed prior to August 30, 2015, as provided in section 28-116. 

NEB. REV. STAT. 28-106. MISDEMEANORS; CLASSIFICATION OF PENALTIES; 

SENTENCES; WHERE SERVED 

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after 

the date of passage of the code, misdemeanors are divided into seven classes which are 

distinguished from one another by the following penalties which are authorized upon conviction: 

Class I 

misdemeanor 

Maximum — not more than one year imprisonment, or one thousand dollars 

fine, or both 

Minimum — none 

Class II 

misdemeanor 

Maximum — six months imprisonment, or one thousand dollars fine, or both 

Minimum — none 

Class III 

misdemeanor 

Maximum — three months imprisonment, or five hundred dollars fine, or 

both 

Minimum — none 

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Class IIIA 

misdemeanor 

Maximum — seven days imprisonment, five hundred dollars fine, or both 

Minimum — none 

Class IV 

misdemeanor 

Maximum — no imprisonment, five hundred dollars fine 

Minimum — none 

Class V 

misdemeanor 

Maximum — no imprisonment, one hundred dollars fine 

Minimum — none 

Class W 

misdemeanor 

Driving under the influence or implied consent 

First conviction 

Maximum — sixty days imprisonment and five hundred dollars fine 

Mandatory minimum — seven days imprisonment and five hundred dollars 

fine 

Second conviction 

Maximum — six months imprisonment and five hundred dollars fine 

Mandatory minimum — thirty days imprisonment and five hundred dollars 

fine 

Third conviction 

Maximum — one year imprisonment and one thousand dollars fine 

Mandatory minimum — ninety days imprisonment and one thousand dollars 

fine 

(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except 

that such sentences may be served in institutions under the jurisdiction of the Department of 

Correctional Services if the sentence is to be served concurrently or consecutively with a term 

for conviction of a felony and the combined sentences total a term of one year or more. A 

determinate sentence shall be imposed for a misdemeanor if the sentence is to be served 

concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony. 

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NEVADA 

NEV. REV. STAT. ANN. 200.508. ABUSE, NEGLECT OR ENDANGERMENT OF CHILD: 

PENALTIES; DEFINITIONS 

1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable 

physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation 

where the child may suffer physical pain or mental suffering as the result of abuse or neglect: 

(a) If substantial bodily or mental harm results to the child: 

(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or 

exploitation, is guilty of a category A felony and shall be punished by imprisonment in the 

state prison for life with the possibility of parole, with eligibility for parole beginning when 

a minimum of 15 years has been served; or 

(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category 

B felony and shall be punished by imprisonment in the state prison for a minimum term of 

not less than 2 years and a maximum term of not more than 20 years; or 

(b) If substantial bodily or mental harm does not result to the child: 

(1) If the person has not previously been convicted of a violation of this section or of a 

violation of the law of any other jurisdiction that prohibits the same or similar conduct, is 

guilty of a category B felony and shall be punished by imprisonment in the state prison for 

a minimum term of not less than 1 year and a maximum term of not more than 6 years; or 

(2) If the person has previously been convicted of a violation of this section or of a 

violation of the law of any other jurisdiction that prohibits the same or similar conduct, is 

guilty of a category B felony and shall be punished by imprisonment in the state prison for 

a minimum term of not less than 2 years and a maximum term of not more than 15 

years, unless a more severe penalty is prescribed by law for an act or omission that brings 

about the abuse or neglect. 

2. A person who is responsible for the safety or welfare of a child pursuant to NRS 

432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental 

suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer 

physical pain or mental suffering as the result of abuse or neglect: 

(a) If substantial bodily or mental harm results to the child: 

(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or 

exploitation, is guilty of a category A felony and shall be punished by imprisonment in the 

state prison for life with the possibility of parole, with eligibility for parole beginning when 

a minimum of 10 years has been served; or 

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(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category 

B felony and shall be punished by imprisonment in the state prison for a minimum term of 

not less than 2 years and a maximum term of not more than 20 years; or 

(b) If substantial bodily or mental harm does not result to the child: 

(1) If the person has not previously been convicted of a violation of this section or of a 

violation of the law of any other jurisdiction that prohibits the same or similar conduct, is 

guilty of a gross misdemeanor; or 

(2) If the person has previously been convicted of a violation of this section or of a 

violation of the law of any other jurisdiction that prohibits the same or similar conduct, is 

guilty of a category C felony and shall be punished as provided in NRS 193.130, unless a 

more severe penalty is prescribed by law for an act or omission that brings about the abuse 

or neglect. 

3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the 

person delivers or allows the delivery of a child to a provider of emergency services pursuant 

to NRS 432B.630. 

4. As used in this section: 

(a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual 

abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 

years, as set forth in paragraph (d) and NRS 

432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which 

indicate that the child’s health or welfare is harmed or threatened with harm. 

(b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in 

circumstances where the person knows or has reason to know that the child is abused or 

neglected. 

(c) “Permit” means permission that a reasonable person would not grant and which amounts 

to a neglect of responsibility attending the care, custody and control of a minor child. 

(d) “Physical injury” means: 

(1) Permanent or temporary disfigurement; or 

(2) Impairment of any bodily function or organ of the body. 

(e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or 

the emotional condition of a child as evidenced by an observable and substantial impairment 

of the ability of the child to function within his or her normal range of performance or 

behavior. 

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NEV. REV. STAT. ANN. 193.130. CATEGORIES AND PUNISHMENT OF FELONIES 

1. Except when a person is convicted of a category A felony, and except as otherwise provided 

by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a 

maximum term of imprisonment which must be within the limits prescribed by the applicable 

statute, unless the statute in force at the time of commission of the felony prescribed a different 

penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of 

the maximum term imposed. 

2. Except as otherwise provided by specific statute, for each felony committed on or after July 

1, 1995: 

(a) A category A felony is a felony for which a sentence of death or imprisonment in the state 

prison for life with or without the possibility of parole may be imposed, as provided by 

specific statute. 

(b) A category B felony is a felony for which the minimum term of imprisonment in the state 

prison that may be imposed is not less than 1 year and the maximum term of imprisonment 

that may be imposed is not more than 20 years, as provided by specific statute. 

(c) A category C felony is a felony for which a court shall sentence a convicted person to 

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum 

term of not more than 5 years. In addition to any other penalty, the court may impose a fine of 

not more than $10,000, unless a greater fine is authorized or required by statute. 

(d) A category D felony is a felony for which a court shall sentence a convicted person to 

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum 

term of not more than 4 years. In addition to any other penalty, the court may impose a fine of 

not more than $5,000, unless a greater fine is authorized or required by statute. 

(e) A category E felony is a felony for which a court shall sentence a convicted person to 

imprisonment in the state prison for a minimum term of not less than 1 year and a maximum 

term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 

of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the 

court shall suspend the execution of the sentence and grant probation to the person upon such 

conditions as the court deems appropriate. Such conditions of probation may include, but are 

not limited to, requiring the person to serve a term of confinement of not more than 1 year in 

the county jail. In addition to any other penalty, the court may impose a fine of not more than 

$5,000, unless a greater penalty is authorized or required by statute. 

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NEW HAMPSHIRE 

N.H. REV. STAT. ANN. S 631:1. FIRST DEGREE ASSAULT 

I. A person is guilty of a class A felony if he: 

(a) Purposely causes serious bodily injury to another; or 

(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, 

except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 

651 Il-g; or 

(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or 

(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age. 

II. In this section: 

(a) "Miscarriage" means the interruption of the normal development of the fetus other than 

by a live birth and not an induced abortion, resulting in the complete expulsion or extraction 

of a fetus; and 

(b) "Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not 

an induced abortion. 

III.(a) Upon proof that the victim and defendant were intimate partners or family or household 

members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be 

recorded as "First Degree Assault—Domestic Violence." 

(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for 

each conviction recorded as "first degree assault-domestic violence" under this paragraph. 

The court shall not reduce or suspend any sentence or the payment of any fine imposed under 

this paragraph and no fine imposed under this paragraph shall be subject to an additional 

penalty assessment. If the court determines that the defendant is unable to pay the fine on the 

date imposed, the court may defer payment or order periodic payments thereof. The clerk 

shall forward all fines collected under this paragraph to the department of health and human 

services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 

shall not apply to a fine imposed under this paragraph. 

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N.H. REV. STAT. ANN. 631:2. SECOND DEGREE ASSAULT 

I. A person is guilty of a class B felony if he or she: 

(a) Knowingly or recklessly causes serious bodily injury to another; or 

(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if 

the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, 

II-g; or 

(c) Recklessly causes bodily injury to another under circumstances manifesting extreme 

indifference to the value of human life; or 

(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or 

(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth; or 

(f) Purposely or knowingly engages in the strangulation of another. 

II. In this section: 

(a) "Miscarriage" means the interruption of the normal development of the fetus other than 

by a live birth and not an induced abortion, resulting in the complete expulsion or 

extraction of a fetus. 

(b) "Stillbirth" means the death of a fetus prior to complete expulsion or extraction and not 

an induced abortion. 

(c) "Strangulation" means the application of pressure to another person's throat or neck, or 

the blocking of the person's nose or mouth, that causes the person to experience impeded 

breathing or blood circulation or a change in voice, 

II. (a) Upon proof that the victim and defendant were intimate partners or family or household 

members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be 

recorded as "second degree assault-domestic violence." 

(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for 

each conviction recorded as "second degree assault-domestic violence" under this paragraph. 

The court shall not reduce or suspend any sentence or the payment of any fine imposed under 

this paragraph and no fine imposed under this paragraph shall be subject to an additional 

penalty assessment. If the court determines that the defendant is unable to pay the fine on the 

date imposed, the court may defer payment or order periodic payments thereof. The clerk 

shall forward all fines collected under this paragraph to the department of health and human 

services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 

shall not apply to a fine imposed under this paragraph. 

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N.H. REV. STAT. ANN. 625:9. CLASSIFICATION OF CRIMES 

I. The provisions of this section govern the classification of every offense, whether defined 

within this code or by any other statute. 

II. Every offense is either a felony, misdemeanor or violation. 

(a) Felonies and misdemeanors are crimes. 

(b) A violation does not constitute a crime and conviction of a violation shall not give rise to 

any disability or legal disadvantage based on conviction of a criminal offense. 

III. A felony is murder or a crime so designated by statute within or outside this code or a crime 

defined by statute outside of this code where the maximum penalty provided is imprisonment 

in excess of one year; provided, however, that a crime defined by statute outside of this code 

is a felony when committed by a corporation or an unincorporated association if the 

maximum fine therein provided is more than $200. 

(a) Felonies other than murder are either class A felonies or class B felonies when 

committed by an individual. Felonies committed by a corporation or an unincorporated 

association are unclassified. 

(1) Class A felonies are crimes so designated by statute within or outside this code and 

any crime defined by statute outside of this code for which the maximum penalty, 

exclusive of fine, is imprisonment in excess of 7 years. 

(2) Class B felonies are crimes so designated by statute within or outside this code and 

any crime defined outside of this code for which the maximum penalty, exclusive of 

fine, is imprisonment in excess of one year but not in excess of 7 years. 

IV. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed 

by an individual. Misdemeanors committed by a corporation or an unincorporated 

association are unclassified. 

(a) A class A misdemeanor is any crime so designated by statute within or outside this code 

and any crime defined outside of this code for which the maximum penalty, exclusive of 

fine, is imprisonment not in excess of one year. 

(b) A class B misdemeanor is any crime so designated by statute within or outside this code 

and any crime defined outside of this code for which the maximum penalty does not include 

any term of imprisonment or any fine in excess of the maximum provided for a class B 

misdemeanor in RSA 651:2, IV(a). 

(c) Any crime designated within or outside this code as a misdemeanor without specification 

of the classification shall be presumed to be a class B misdemeanor unless: 

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(1) An element of the offense involves an "act of violence'' or "threat of violence'' as 

defined in paragraph VII; or 

(2) The state files a notice of intent to seek class A misdemeanor penalties on or before 

the date of arraignment. Such notice shall be on a form approved in accordance with 

RSA 490:26-d; or 

(3) The misdemeanor charge is filed directly in superior court. 

(d) Nothing in this paragraph shall prohibit the state from reducing any offense originally 

charged as a class A misdemeanor to a class B misdemeanor at any time with the agreement 

of the person charged. 

V. A violation is an offense so designated by statute within or outside this code and, except as 

provided in this paragraph, any offense defined outside of this code for which there is no 

other penalty provided other than a fine or fine and forfeiture or other civil penalty. In the 

case of a corporation or an unincorporated association, offenses defined outside of this code 

are violations if the amount of any such fine provided does not exceed $50. 

V-a. The violation of any requirement created by statute or by municipal regulation enacted 

pursuant to an enabling statute, where the statute neither specifies the penalty or offense 

classification, shall be deemed a violation, and the penalties to be imposed by the court shall 

be those provided for a violation under RSA 651:2. 

VI. Prior to or at the time of arraignment, the state may, in its discretion, charge any offense 

designated a misdemeanor, as defined by paragraph IV, as a violation. At such time, the 

prosecutor shall make an affirmative statement to the court as to whether he intends to 

proceed under this paragraph. In such cases the penalties to be imposed by the court shall be 

those provided for a violation under RSA 651:2. This paragraph shall not apply to any 

offense for which a statute prescribes an enhanced penalty for a subsequent conviction of the 

same offense. 

VII. The state may change any offense designated or defined as a class A misdemeanor as 

defined by paragraph IV to a class B misdemeanor, so long as no element of the offense 

involves an act of violence or threat of violence. The term "act of violence'' means attempting 

to cause or purposely or recklessly causing bodily injury or serious bodily injury with or 

without a deadly weapon; and the term "threat of violence'' means placing or attempting to 

place another in fear of imminent bodily injury either by physical menace or by threats to 

commit a crime against the person of the other. The state may change an offense pursuant to 

this paragraph if such change is in the interest of public safety and welfare and is not 

inconsistent with the societal goals of deterrence and prevention of recidivism, as follows: 

(a) In its own discretion prior to or at the time of arraignment in the district court; 

(b) In its own discretion following an entry of appeal in the superior court or within 20 days 

thereafter; 

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(c) With the agreement of the person charged at any other time; or 

(d) In its own discretion, following entry of a complaint at a regional jury trial court or 

within 21 days thereafter. 

VIII. If a person convicted of a class A misdemeanor has been sentenced and such sentence does 

not include any period of actual incarceration or a suspended or deferred jail sentence or any 

fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a), the 

court shall record such conviction and sentence as a class B misdemeanor. 

N.H. REV. STAT. ANN. S 651:2. SENTENCES AND LIMITATIONS 

I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, 

probation, conditional or unconditional discharge, or a fine. 

II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is 

not to exceed: 

(a) Fifteen years for a class A felony, 

(b) Seven years for a class B felony, 

(c) One year for a class A misdemeanor, 

(d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a 

minimum which is not to exceed 1⁄2 of the maximum, or if the maximum is life 

imprisonment, such minimum term as the court may order. 

II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 

630:1-a. 

II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, 

as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying 

felony, be given a minimum mandatory sentence of 3 years imprisonment. Neither the whole 

nor any part of the additional sentence of imprisonment hereby provided shall be served 

concurrently with any other term nor shall the whole or any part of such additional term of 

imprisonment be suspended. No action brought to enforce sentencing under this section shall 

be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to 

any sentence of imprisonment imposed. 

II-c. [Repealed.] 

II-d. A person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II. 

II-e. To the minimum sentence of every person who is sentenced to imprisonment for a 

maximum of more than one year shall be added a disciplinary period equal to 150 days for 

each year of the minimum term of the sentence, to be prorated for any part of the year. The 

presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and 

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the additional disciplinary period required under this paragraph. This additional disciplinary 

period may be reduced for good conduct as provided in RSA 651-A:22 and for earned time as 

provided in RSA 651-A:22-a. There shall be no addition to the sentence under this section for 

the period of pre-trial confinement for which credit against the sentence is awarded pursuant 

to RSA 651-A:23. 

II-f. A person convicted of violating RSA 159:3-a, I shall be sentenced as provided in RSA 

159:3-a, II and III. 

II-g. If a person is convicted of a felony, an element of which is the possession, use or 

attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be 

sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence 

prescribed for the crime. 

III. A person convicted of a class B misdemeanor may be sentenced to conditional or 

unconditional discharge, a fine, or other sanctions, which shall not include incarceration or 

probation but may include monitoring by the department of corrections if deemed necessary and 

appropriate. 

III-a. A person convicted of a violation may be sentenced to conditional or unconditional 

discharge, or a fine. 

IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or 

conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and 

(b) shall not include the amount of any civil penalty, the imposition of which is authorized by 

statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine 

imposed on: 

(a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, 

$1,200 for a class B misdemeanor, and $1,000 for a violation. 

(b) A corporation or unincorporated association may not exceed $100,000 for a felony, 

$20,000 for a misdemeanor and $1,000 for a violation. A writ of execution may be issued by 

the court against the corporation or unincorporated association to compel payment of the 

fine, together with costs and interest. 

(c) If a defendant has gained property through the commission of any felony, then in lieu of 

the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed 

double the amount of that gain. 

V. (a) A person may be placed on probation if the court finds that such person is in need of the 

supervision and guidance that the probation service can provide under such conditions as the 

court may impose. The period of probation shall be for a period to be fixed by the court not to 

exceed 5 years for a felony and 2 years for a class A misdemeanor, provided that the court may 

extend or modify the period of probation in accordance with subparagraph VII(a). Upon petition 

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of the probation officer or the probationer, the period may be terminated sooner by the court if 

the conduct of the probationer warrants it. 

(b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of persons 

found to be habitual offenders within the meaning of RSA 259:39 and convicted of an offense 

under RSA 262:23, the sentence may include, as a condition of probation, confinement to a 

person's place of residence for not more than one year in case of a class A misdemeanor or 

more than 5 years in case of a felony. Such home confinement may be monitored by a 

probation officer and may be supplemented, as determined by the department of corrections 

or by the county department of corrections, by electronic monitoring to verify compliance. 

(c) Upon recommendation by the department of corrections or by the county department of 

corrections, the court may, as a condition of probation, order an incarceration-bound offender 

placed in an intensive supervision program as an alternative to incarceration, under 

requirements and restrictions established by the department of corrections or by the county 

department of corrections. 

(d) Upon recommendation by the department of corrections or by the county department of 

corrections, the court may sentence an incarceration-bound offender to a special alternative 

incarceration program involving short term confinement followed by intensive community 

supervision. 

(e) The department of corrections and the various county departments of corrections shall 

adopt rules governing eligibility for home confinement, intensive supervision and special 

alternative incarceration programs. 

(f) Any offender placed in a home confinement, intensive supervision or special alternative 

incarceration program who violates the conditions or restrictions of probation shall be subject 

to immediate arrest by a probation officer or any authorized law enforcement officer and 

brought before the court for an expeditious hearing pending further disposition. 

(g) The court may include, as a condition of probation, restitution to the victim as provided in 

RSA 651:62–67 or performance of uncompensated public service as provided in RSA 

651:68–70. 

(h) In cases of a person convicted of a felony or class A misdemeanor, a court may require 

such person to be screened and/or evaluated for risk of substance use disorders at an impaired 

driver care management program (IDCMP) approved by the department of health and human 

services, and to comply with the treatment plan developed by the IDCMP as established under 

RSA 265-A:40, if the evidence demonstrates that substances were a contributing factor in the 

commission of the offense and if such person has the ability to pay the fees for the program in 

full. 

(i) The court may include, as a condition of probation, a jail sentence of up to 30 days that a 

probation/parole officer may impose in segments of one to 7 days over the course of the 

probation period, in response to any violation of a condition of probation, in lieu of a violation 

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of probation hearing. Such jail sanction shall be served at the county jail facility closest to or 

in reasonable proximity to where the probationer is under supervision. 

VI. (a) A person may be sentenced to a period of conditional discharge if such person is not 

imprisoned and the court is of the opinion that probationary supervision is unnecessary, but that 

the defendant's conduct should be according to conditions determined by the court. Such 

conditions may include: 

(1) Restrictions on the defendant's travel, association, place of abode, such as will protect 

the victim of the crime or insure the public peace; 

(2) An order requiring the defendant to attend counselling or any other mode of treatment 

the court deems appropriate; 

(3) Restitution to the victim; and 

(4) Performance of uncompensated public service as provided in RSA 651:68–70. 

(b) The period of a conditional discharge shall be 3 years for a felony and one year for a 

misdemeanor or violation. However, if the court has required as a condition that the defendant 

make restitution or reparation to the victim of the defendant's offense or that the defendant 

perform uncompensated public service and that condition has not been satisfied, the court 

may, at any time prior to the termination of the above periods, extend the period for a felony 

by no more than 2 years and for a misdemeanor or violation by no more than one year in order 

to allow the defendant to satisfy the condition. During any period of conditional discharge the 

court may, upon its own motion or on petition of the defendant, discharge the defendant 

unconditionally if the conduct of the defendant warrants it. The court is not required to revoke 

a conditional discharge if the defendant commits an additional offense or violates a condition. 

VI-a. [Repealed.] 

VI-b. A person sentenced to conditional discharge under paragraph VI may apply for annulment 

of the criminal record under RSA 651:5. 

VII. (a) If a probationer violates his or her probation, the court may order any of the following: 

(1) Continue the sentence of probation. 

(2) Modify the conditions of the probation. 

(3) Extend the period of probation, provided the probationer agrees to the extension and 

the original period of probation plus any extension shall not exceed the probation periods 

authorized in paragraph V. 

(4) Revoke the sentence of probation. 

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(b) When a sentence of probation or a conditional discharge is revoked, the probationer may 

be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation 

or conditional discharge. Otherwise, the probationer shall be sentenced to imprisonment as 

authorized by paragraph II. 

VIII. A person may be granted an unconditional discharge if the court is of the opinion that no 

proper purpose would be served by imposing any condition or supervision upon the defendant's 

release. A sentence of unconditional discharge is for all purposes a final judgment of conviction. 

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NEW JERSEY 

N.J. STAT. ANN. 2C:24-4. ENDANGERING WELFARE OF CHILDREN 

a.(1) Any person having a legal duty for the care of a child or who has assumed responsibility 

for the care of a child who engages in sexual conduct which would impair or debauch the morals 

of the child is guilty of a crime of the second degree. Any other person who engages in conduct 

or who causes harm as described in this paragraph to a child is guilty of a crime of the third 

degree. 

(2) Any person having a legal duty for the care of a child or who has assumed responsibility 

for the care of a child who causes the child harm that would make the child an abused or 

neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974, c.119 (C.9:6-

8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or 

who causes harm as described in this paragraph to a child is guilty of a crime of the third 

degree. 

b.(1) As used in this subsection: 

“Child” means any person under 18 years of age. 

“Distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, 

circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the 

Internet or by any other means, whether for pecuniary gain or not. The term also includes an 

agreement or attempt to distribute. 

“File-sharing program” means a computer program, application, software or operating system 

that allows the user of a computer on which such program, application, software or operating 

system is installed to designate files as available for searching by and copying to one or more 

other computers, to transmit such designated files directly to one or more other computers, and 

to request the transmission of such designated files directly from one or more other computers. 

The term “file-sharing program” includes but is not limited to a computer program, application 

or software that enables a computer user to participate in a peer-to-peer network. 

“Internet” means the international computer network of both federal and non-federal 

interoperable packet switched data networks. 

“Item depicting the sexual exploitation or abuse of a child” means a photograph, film, video, an 

electronic, electromagnetic or digital recording, an image stored or maintained in a computer 

program or file or in a portion of a file, or any other reproduction or reconstruction which: 

(a) depicts a child engaging in a prohibited sexual act or in the simulation of such an act; or 

(b) portrays a child in a sexually suggestive manner. 

145 
“Peer-to-peer network” means a connection of computer systems through which files are shared 

directly between the systems on a network without the need of a central server. 

“Portray a child in a sexually suggestive manner” means: 

(a) to depict a child’s less than completely and opaquely covered intimate parts, as defined in 

N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format, or animated 

sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the 

child; or 

(b) to depict any form of contact with a child’s intimate parts, as defined in N.J.S.2C:14-1, in 

a manner that, by means of the posing, composition, format, or animated sensual details, emits 

sensuality with sufficient impact to concentrate prurient interest on the child; or 

(c) to otherwise depict a child for the purpose of sexual stimulation or gratification of any 

person who may view the depiction where the depiction does not have serious literary, 

artistic, political, or scientific value. 

“Prohibited sexual act” means 

(a) Sexual intercourse; or 

(b) Anal intercourse; or 

(c) Masturbation; or 

(d) Bestiality; or 

(e) Sadism; or 

(f) Masochism; or 

(g) Fellatio; or 

(h) Cunnilingus; or 

(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who 

may view such depiction; or 

(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1. 

“Reproduction” means, but is not limited to, computer generated images. 

(2) (Deleted by amendment, P.L.2001, c.291). 

(3) A person commits a crime of the first degree if he causes or permits a child to engage in a 

prohibited sexual act or in the simulation of such an act or to be portrayed in a sexually 

suggestive manner if the person knows, has reason to know or intends that the prohibited act or 

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portrayal may be photographed, filmed, reproduced, or reconstructed in any manner, including 

on the Internet, or may be part of an exhibition or performance. 

(4) A person commits a crime of the second degree if he photographs or films a child in a 

prohibited sexual act or in the simulation of such an act or for portrayal in a sexually suggestive 

manner or who uses any device, including a computer, to reproduce or reconstruct the image of a 

child in a prohibited sexual act or in the simulation of such an act or for portrayal in a sexually 

suggestive manner. 

(5)(a) A person commits a crime if, by any means, including but not limited to the Internet, he: 

(i) knowingly distributes an item depicting the sexual exploitation or abuse of a child; 

(ii) knowingly possesses an item depicting the sexual exploitation or abuse of a child with the 

intent to distribute that item; or 

(iii) knowingly stores or maintains an item depicting the sexual exploitation or abuse of a 

child using a file-sharing program which is designated as available for searching by or 

copying to one or more other computers. 

In a prosecution under sub-subparagraph (iii) of this subparagraph, the State shall not be 

required to offer proof that an item depicting the sexual exploitation or abuse of a child had 

actually been searched, copied, transmitted or viewed by another user of the file-sharing 

program, or by any other person, and it shall be no defense that the defendant did not intend to 

distribute the item to another user of the file-sharing program or to any other person. Nor shall 

the State be required to prove that the defendant was aware that the item depicting the sexual 

exploitation or abuse of a child was available for searching or copying to one or more other 

computers, and the defendant shall be strictly liable for failing to designate the item as not 

available for searching or copying by one or more other computers. 

A violation of this subparagraph that involves 1,000 or more items depicting the sexual 

exploitation or abuse of a child is a crime of the first degree; otherwise it is a crime of the 

second degree. 

Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense 

under this subparagraph involved at least 25 but less than 1,000 items depicting the sexual 

exploitation or abuse of a child shall be sentenced to a mandatory minimum term of 

imprisonment, which shall be fixed at, or between, one-third and one-half of the sentence 

imposed by the court or five years, whichever is greater, during which the defendant shall be 

ineligible for parole. 

Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person whose offense 

under this subparagraph involved 1,000 or more items depicting the sexual exploitation or 

abuse of a child shall be sentenced to a mandatory minimum term of imprisonment, which 

shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or 

10 years, whichever is greater, during which the defendant shall be ineligible for parole. 

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Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a 

second or subsequent offense under this subparagraph shall be sentenced to an extended term 

of imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph, an 

offense is considered a second or subsequent offense if the actor has at any time been 

convicted pursuant to paragraph (3), (4), or (5) of this subsection, or under any similar statute 

of the United States, this State, or any other state for an offense that is substantially equivalent 

to paragraph (3), (4), or (5) of this subsection. 

For purposes of this subparagraph, the term “possess” includes receiving, viewing, or having 

under one’s control, through any means, including the Internet. 

(b) 

(i) A person commits a crime of the first degree if he knowingly possesses, knowingly views, 

or knowingly has under his control, through any means, including the Internet, 100,000 or 

more items depicting the sexual exploitation or abuse of a child. 

(ii) A person commits a crime of the second degree if he knowingly possesses, knowingly 

views, or knowingly has under his control, through any means, including the Internet, at least 

1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child. 

(iii) A person commits a crime of the third degree if he knowingly possesses, knowingly 

views, or knowingly has under his control, through any means, including the Internet, less 

than 1,000 items depicting the sexual exploitation or abuse of a child. 

Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1, in any instance where a 

person was convicted of an offense under this subparagraph that involved 100 or more items 

depicting the sexual exploitation or abuse of a child, the court shall impose a sentence of 

imprisonment unless, having regard to the character and condition of the defendant, it is of the 

opinion that imprisonment would be a serious injustice which overrides the need to deter such 

conduct by others. 

Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a 

second or subsequent offense under this subparagraph shall be sentenced to an extended term 

of imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph, an 

offense is considered a second or subsequent offense if the actor has at any time been 

convicted pursuant to paragraph (3), (4), or (5) of this subsection, or under any similar statute 

of the United States, this State, or any other state for an offense that is substantially equivalent 

to paragraph (3), (4), or (5) of this subsection. 

Nothing in this subparagraph shall be construed to preclude or limit any prosecution or 

conviction for the offense set forth in subparagraph (a) of this paragraph. 

(6) For purposes of this subsection, a person who is depicted as or presents the appearance of 

being under the age of 18 in any photograph, film, videotape, computer program or file, video 

game, or any other reproduction or reconstruction shall be rebuttably presumed to be under the 

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age of 18. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited 

sexual act or simulation of a prohibited sexual act or portrayed in a sexually suggestive manner 

is under the age of 18, the actor shall be strictly liable and it shall not be a defense that the actor 

did not know that the child was under the age of 18, nor shall it be a defense that the actor 

believed that the child was 18 years of age or older, even if such a mistaken belief was 

reasonable. 

(7) For aggregation purposes, each depiction of the sexual exploitation or abuse of a child shall 

be considered a separate item, provided that each depiction that is in the form of a photograph, 

picture, image, or visual depiction of a similar nature shall be considered to be one item and each 

depiction that is in the form of a film, video, video-clip, movie, or visual depiction of a similar 

nature shall be considered to be 10 separate items, and each individual act of distribution of an 

item depicting the sexual exploitation or abuse of a child shall be considered a separate item. For 

purposes of determining the number of items depicting the sexual exploitation or abuse of a 

child for purposes of sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection, 

the court shall aggregate all items involved, whether the act or acts constituting the violation 

occurred at the same time or at different times and, with respect to distribution, whether the act 

or acts of distribution were to the same person or several persons or occurred at different times, 

provided that each individual act was committed within the applicable statute of limitations. For 

purposes of determining the number of items depicting the sexual exploitation or abuse of a 

child for purposes of sentencing pursuant to subparagraph (b) of paragraph (5) of this subsection, 

the court shall aggregate all items involved, whether the possession of such items occurred at the 

same time or at different times, provided that each individual act was committed within the 

applicable statute of limitations. 

N.J. STAT. ANN. 9:6-1. ABUSE, ABANDONMENT, CRUELTY AND NEGLECT OF 

CHILD; WHAT CONSTITUTES 

Abuse of a child shall consist in any of the following acts: 

(a) disposing of the custody of a child contrary to law; 

(b) employing or permitting a child to be employed in any vocation or employment injurious 

to its health or dangerous to its life or limb, or contrary to the laws of this State; 

(c) employing or permitting a child to be employed in any occupation, employment or 

vocation dangerous to the morals of such child; 

(d) the habitual use by the parent or by a person having the custody and control of a child, in 

the hearing of such child, of profane, indecent or obscene language; 

(e) the performing of any indecent, immoral or unlawful act or deed, in the presence of a 

child, that may tend to debauch or endanger or degrade the morals of the child; 

(f) permitting or allowing any other person to perform any indecent, immoral or unlawful act 

in the presence of the child that may tend to debauch or endanger the morals of such child; 

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(g) using excessive physical restraint on the child under circumstances which do not indicate 

that the child's behavior is harmful to himself, others or property; or 

(h) in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), willfully 

isolating the child from ordinary social contact under circumstances which indicate emotional 

or social deprivation. 

Abandonment of a child shall consist in any of the following acts by anyone having the custody 

or control of the child: 

(a) willfully forsaking a child; 

(b) failing to care for and keep the control and custody of a child so that the child shall be 

exposed to physical or moral risk without proper and sufficient protection; 

(c) failing to care for and keep the control and custody of a child so that the child shall be 

liable to be supported and maintained at the expense of the public, or by child caring societies 

or private persons not legally chargeable with its or their care, custody and control. 

Cruelty to a child shall consist in any of the following acts: 

(a) inflicting unnecessarily severe corporal punishment upon a child; 

(b) inflicting upon a child unnecessary suffering or pain, either mental or physical; 

(c) habitually tormenting, vexing or afflicting a child; 

(d) any willful act of omission or commission whereby unnecessary pain and suffering, 

whether mental or physical, is caused or permitted to be inflicted on a child; 

(e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may 

tend to injure the health or physical or moral well-being of such child. 

Neglect of a child shall consist in any of the following acts, by anyone having the custody or 

control of the child: 

(a) willfully failing to provide proper and sufficient food, clothing, maintenance, regular 

school education as required by law, medical attendance or surgical treatment, and a clean and 

proper home, or 

(b) failure to do or permit to be done any act necessary for the child's physical or moral wellbeing. Neglect also means the continued inappropriate placement of a child in an institution, 

as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21), with the knowledge that the 

placement has resulted and may continue to result in harm to the child's mental or physical 

well-being. 

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N.J. STAT. ANN. 9:6-3. CRUELTY AND NEGLECT OF CHILDREN; CRIME OF FOURTH 

DEGREE; REMEDIES 

Any parent, guardian or person having the care, custody or control of any child, who shall abuse, 

abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or 

neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. If a fine be 

imposed, the court may direct the same to be paid in whole or in part to the parent, or to the 

guardian, custodian or trustee of such minor child or children; provided, however, that whenever 

in the judgment of the court it shall appear to the best interest of the child to place it in the 

temporary care or custody of a society or corporation, organized or incorporated under the laws 

of this State, having as one of its objects the prevention of cruelty to children, and the society or 

corporation is willing to assume such custody and control, the court may postpone sentence and 

place the child in the custody of such society or corporation, and may place defendant on 

probation, either with the county probation officers or an officer of the society or corporation to 

which the child is ordered, and may order the parent, guardian or person having the custody and 

control of such child to pay to such society or corporation a certain stated sum for the 

maintenance of such child. When, however, a child is so placed in the custody of such society or 

corporation, and defendant fails to make the payments as ordered by the court, the court shall 

cause the arrest and arraignment before it of such defendant, and shall impose upon the 

defendant the penalty provided in this section. 

N.J. STAT. ANN. 2C:43-6. SENTENCE OF IMPRISONMENT FOR CRIME; ORDINARY 

TERMS; MANDATORY TERMS 

a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced 

to imprisonment, as follows: 

(1) In the case of a crime of the first degree, for a specific term of years which shall be fixed 

by the court and shall be between 10 years and 20 years; 

(2) In the case of a crime of the second degree, for a specific term of years which shall be 

fixed by the court and shall be between five years and 10 years; 

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed 

by the court and shall be between three years and five years; 

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the 

court and shall not exceed 18 months. 

b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating 

factors substantially outweigh the mitigating factors, as set forth in subsections a, and b. of 

2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a. 

of N.J.S.2C:44-I applies, the court may fix a minimum term not to exceed one-half of the term 

set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of 

incarceration for a crime set forth in any statute other than this code, during which the defendant 

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shall not be eligible for parole; provided that no defendant shall be eligible for parole at a date 

earlier than otherwise provided by the law governing parole, 

c. A person who has been convicted under subsection b. or d. of N.J.S.2C:39-3 subsection a. of 

N.J.S.2C:39-4, subsection a. of section I of P.L.1998, c. 26 (C.2C:39-4.1), subsection a. , be, c., 

or f. of N.JS.2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of section 6 of P.L. 

1979, c. 179 (C.2C:39-7), or subsection a., b., e. or g. of N.J.S.2C:39-9, or of a crime under any 

of the following sections: 2C:11-3, 2C:114, 2C:12-1b., 2C: 13-1, 2C:14-2a., 2C:14-3a., 2C:15-1, 

2C:18-2, 2C:29-5, who, while in the course of committing or attempting to commit the crime, 

including the immediate flight therefrom, used or was in possession of a firearm as defined in 

2C:39-1f., shall be sentenced to a term of imprisonment by the court. The term of imprisonment 

shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of 

the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case 

of a fourth-degree crime, during which the defendant shall be ineligible for parole. 

The minimum terms established by this section shall not prevent the court from imposing 

presumptive terms of imprisonment pursuant to 2C:44-I f. (I) except in cases of crimes of the 

fourth degree. 

A person who has been convicted of an offense enumerated by this subsection and who used or 

possessed a firearm during its commission, attempted commission or flight therefrom and who 

has been previously convicted of an offense involving the use or possession of a firearm as 

defined in 2C:44-3d., shall be sentenced by the court to an extended term as authorized by 

2C:43-7c., notwithstanding that extended terms are ordinarily discretionary with the court. 

d. (1) The court shall not impose a mandatory sentence pursuant to subsection c. of this section, 

2C:43-7c. or 2C:44-3d., unless the ground therefor has been established at a hearing. At the 

hearing, which may occur at the time of sentencing, the prosecutor shall establish by a 

preponderance of the evidence that the weapon used or possessed was a firearm. In making its 

finding, the court shall take judicial notice of any evidence, testimony or information adduced at 

the trial, plea hearing, or other court proceedings and shall also consider the presentence report 

and any other relevant information. 

(2) The court shall not impose a mandatory sentence pursuant to subsection c, of this section 

for a violation of paragraph (2) of subsection b. of N.J.S.2C:39-5; a violation of paragraph (2) 

of subsection c. of N.J.S. 2C:39-5, if that rifle or shotgun is in the nature of an air gun, spring 

gun or pistol or other weapon of a similar nature in which the propelling force is a spring, 

elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is 

ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an 

inch in diameter, with sufficient force to injure a person; or a violation of paragraph (l) of 

subsection c. of N.J.S.2C:39-5. 

e. A person convicted of a third or subsequent offense involving State taxes under N.J.S.2C:20-

9, N.J.S.2C:21-15, any other provision of this code, or under any of the provisions of Title 54 of 

the Revised Statutes, or Title 54A of the New Jersey Statutes, as amended and supplemented, 

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shall be sentenced to a term of imprisonment by the court. This shall not preclude an application 

for and imposition of an extended term of imprisonment under N.J.S.2C:44-3 if the provisions of 

that section are applicable to the offender. 

f. A person convicted of manufacturing, distributing, dispensing or possessing with intent to 

distribute any dangerous substance or controlled substance analog under N.J .S.2C:35-5, of 

maintaining or operating a controlled dangerous substance production facility under N.JS.2C:35-4, of employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6, leader of 

a narcotics trafficking network under N.J.S.2C:35-3, or of distributing, dispensing or possessing 

with intent to distribute on or near school property or buses under section 1 of P.L.1987, c. 101 

(C.2C:35-7), who has been previously convicted of manufacturing, distributing, dispensing or 

possessing with intent to distribute a controlled dangerous substance or controlled substance 

analog, shall upon application of the prosecuting attorney be sentenced by the court to an 

extended term as authorized by subsection c. of N.J .S.2C:43-7, notwithstanding that extended 

terms are ordinarily discretionary with the court. The term of imprisonment shall, except as may 

be provided in N.J.S.2C:35-12, include the imposition of a minimum term. The minimum term 

shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or 

three years, whichever is greater, not less than seven years if the person is convicted of a 

violation of N.J.S.2C:35-6, or 18 months in the case of a fourth-degree crime, during which the 

defendant shall be ineligible for parole. 

The court shall not impose an extended term pursuant to this subsection unless the ground 

therefor has been established at a hearing. At the hearing, which may occur at the time of 

sentencing, the prosecutor shall establish the ground therefor by a preponderance of the 

evidence. In making its finding, the court shall take judicial notice of any evidence, testimony or 

information adduced at the trial, plea hearing, or other court proceedings and shall also consider 

the presentence report and any other relevant information. 

For the purpose of this subsection, a previous conviction exists where the actor has at any 

time been convicted under chapter 35 of this title or Title 24 of the Revised Statutes or under 

any similar statute of the United States, this State, or any other state for an offense that is 

substantially equivalent to N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, N.J.S.2C:35-6 or 

section I ofP.L.1987, c. 101 (c.2c:35-7). 

g. Any person who has been convicted under subsection a. of N.J.S.2C:39-4 or of a crime under 

any of the following sections: N.J.S.2C:11-3, N.J.S.2C: 11-4, N.J.S.2C:12-1b., N.J.S.2C: 13-1, 

N.J.S.2C:14-2a., N.J.S.2C:14-3a., N.J.S.2C:15-1, N.J.S.2C:18-2, N.J.S2C:29-5, N.J.S.2C:35-5 

who, while in the course of committing or attempting to commit the crime, including the 

immediate flight therefrom, used or was in possession of a machine gun or assault firearm shall 

be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the 

imposition of a minimum term. The minimum term shall be fixed at 10 years for a crime of the 

first or second degree, five years for a crime of the third degree, or 18 months in the case of a 

fourth-degree crime, during which the defendant shall be ineligible for parole. 

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The minimum terms established by this section shall not prevent the court from imposing 

presumptive terms of imprisonment pursuant to paragraph (1) of subsection f. of N.J.S.2C:44-1 

for crimes of the first degree. 

A person who has been convicted of an offense enumerated in this subsection and who used or 

possessed a machine gun or assault firearm during its commission, attempted commission or 

flight therefrom and who has been previously convicted of an offense involving the use or 

possession of any firearm as defined in subsection d. of N.J.S.2C:44-3, shall be sentenced by the 

court to an extended term as authorized by subsection d. of N.J.S.2C:43-7, notwithstanding that 

extended terms are ordinarily discretionary with the court. 

h. the court shall not impose a mandatory sentence pursuant to subsection g. of this section, 

subsection d. of N.JS.2C:43-7 or N.J.S.2C:44-3, unless the ground therefor has been established 

at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall 

establish by a preponderance of the evidence that the weapon used or possessed was a machine 

gun or assault firearms in making its finding, the court shall take judicial notice of any evidence, 

testimony or information adduced at the trial, plea hearing, or other court proceedings and shall 

also consider the presentence report and any other relevant information. 

i. A person who has been convicted under paragraph (6) of subsection b. of 2C:12-1 of causing 

bodily injury while eluding shall be sentenced to a term of imprisonment by the court, the term 

of imprisonment shall include the imposition of a minimum term. The minimum term shall be 

fixed at, or between one-third and one-half of the sentence imposed by the court. The minimum 

term established by this subsection shall not prevent the court from imposing a presumptive term 

of imprisonment pursuant to paragraph (1) of subsection f. of 2C:44-1. 

N.J. STAT. ANN. 2C:44-1. CRITERIA FOR WITHHOLDING OR IMPOSING SENTENCE 

OF IMPRISONMENT 

a. In determining the appropriate sentence to be imposed on a person who has been convicted of 

an offense, the court shall consider the following aggravating circumstances: 

(1) The nature and circumstances of the offense, and the role of the actor therein, including 

whether or not it was committed in an especially heinous, cruel, or depraved manner; 

(2) The gravity and seriousness of harm inflicted on the victim, including whether or not the 

defendant knew or reasonably should have known that the victim of the offense was 

particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme 

youth, or was for any other reason substantially incapable of exercising normal physical or 

mental power of resistance; 

(3) The risk that the defendant will commit another offense; 

(4) A lesser sentence will depreciate the seriousness of the defendant's offense because it 

involved a breach of the public trust under chapters 27 and 30, or the defendant took 

advantage of a position of trust or confidence to commit the offense; 

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(5) There is a substantial likelihood that the defendant is involved in organized criminal 

activity; 

(6) The extent of the defendant's prior criminal record and the seriousness of the offenses of 

which he has been convicted; 

(7) The defendant committed the offense pursuant to an agreement that he either pay or be 

paid for the commission of the offense and the pecuniary incentive was beyond that inherent 

in the offense itself; 

(8) The defendant committed the offense against a police or other law enforcement officer, 

correctional employee or fireman, acting in the performance of his duties while in uniform or 

exhibiting evidence of his authority; the defendant committed the offense because of the 

status of the victim as a public servant; or the defendant committed the offense against a 

sports official, athletic coach or manager, acting in or immediately following the performance 

of his duties or because of the person's status as a sports official, coach or manager; 

(9) The need for deterring the defendant and others from violating the law; 

(10) The offense involved fraudulent or deceptive practices committed against any department 

or division of State government; 

(11) The imposition of a fine, penalty or order of restitution without also imposing a term of 

imprisonment would be perceived by the defendant or others merely as part of the cost of 

doing business, or as an acceptable contingent business or operating expense associated with 

the initial decision to resort to unlawful practices; 

(12) The defendant committed the offense against a person who he knew or should have 

known was 60 years of age or older, or disabled; and 

(13) The defendant, while in the course of committing or attempting to commit the crime, 

including the immediate flight therefrom, used or was in possession of a stolen motor vehicle. 

b. In determining the appropriate sentence to be imposed on a person who has been convicted of 

an offense, the court may properly consider the following mitigating circumstances: 

(1) The defendant's conduct neither caused nor threatened serious harm; 

(2) The defendant did not contemplate that his conduct would cause or threaten serious harm; 

(3) The defendant acted under a strong provocation; 

(4) There were substantial grounds tending to excuse or justify the defendant's conduct, 

though failing to establish a defense; 

(5) The victim of the defendant's conduct induced or facilitated its commission; 

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(6) The defendant has compensated or will compensate the victim of his conduct for the 

damage or injury that he sustained, or will participate in a program of community service; 

(7) The defendant has no history of prior delinquency or criminal activity or has led a lawabiding life for a substantial period of time before the commission of the present offense; 

(8) The defendant's conduct was the result of circumstances unlikely to recur; 

(9) The character and attitude of the defendant indicate that he is unlikely to commit another 

offense; 

(10) The defendant is particularly likely to respond affirmatively to probationary treatment; 

(11) The imprisonment of the defendant would entail excessive hardship to himself or his 

dependents; 

(12) The willingness of the defendant to cooperate with law enforcement authorities; 

(13) The conduct of a youthful defendant was substantially influenced by another person more 

mature than the defendant. 

c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding 

or imposing a sentence of imprisonment. 

(2) When imposing a sentence of imprisonment the court shall consider the defendant's 

eligibility for release under the law governing parole, including time credits awarded pursuant 

to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment. 

d. Presumption of imprisonment. The court shall deal with a person who has been convicted of a 

crime of the first or second degree, or a crime of the third degree where the court finds that the 

aggravating factor in paragraph (5) of subsection a. applies, by imposing a sentence of 

imprisonment unless, having regard to the character and condition of the defendant, it is of the 

opinion that his imprisonment would be a serious injustice which overrides the need to deter 

such conduct by others. Notwithstanding the provisions of subsection e. of this section, the court 

shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful 

taking of a motor vehicle and who has previously been convicted of either offense by imposing a 

sentence of imprisonment unless, having regard to the character and condition of the defendant, 

it is of the opinion that his imprisonment would be a serious injustice which overrides the need to 

deter such conduct by others. 

e. The court shall deal with a person convicted of an offense other than a crime of the first or 

second degree, who has not previously been convicted of an offense, without imposing a 

sentence of imprisonment unless, having regard to the nature and circumstances of the offense 

and the history, character and condition of the defendant, it is of the opinion that his 

imprisonment is necessary for the protection of the public under the criteria set forth in 

subsection a., except that this subsection shall not apply if the court finds that the aggravating 

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factor in paragraph (5) of subsection a. applies or if the person is convicted of any of the 

following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; 

eluding; if the person is convicted of a crime of the third degree constituting use of a false 

government document in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-

2.1); if the person is convicted of a crime of the third degree constituting distribution, 

manufacture or possession of an item containing personal identifying information in violation of 

subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a 

crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; if 

the person is convicted of a crime of the third degree under section 2 of P.L.1997, c.111 

(C.2C:12-1.1); or if the person is convicted of a crime of the third or fourth degree under the 

provisions of section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30). 

f. Presumptive Sentences. (1) Except for the crime of murder, unless the preponderance of 

aggravating or mitigating factors, as set forth in subsections a. and b., weighs in favor of a higher 

or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a 

sentence of imprisonment is warranted, it shall impose sentence as follows: 

(a) To a term of 20 years for aggravated manslaughter or kidnapping pursuant to paragraph 

(1) of subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the first degree; 

(b) Except as provided in paragraph (a) of this subsection to a term of 15 years for a crime of 

the first degree; 

(c) To a term of seven years for a crime of the second degree; 

(d) To a term of four years for a crime of the third degree; and 

(e) To a term of nine months for a crime of the fourth degree. 

In imposing a minimum term pursuant to 2C:43-6b, the sentencing court shall specifically 

place on the record the aggravating factors set forth in this section which justify the 

imposition of a minimum term. 

Unless the preponderance of mitigating factors set forth in subsection b. weighs in favor of a 

lower term within the limits authorized, sentences imposed pursuant to 2C:43-7a.(1) shall 

have a presumptive term of life imprisonment. Unless the preponderance of aggravating and 

mitigating factors set forth in subsections a. and b. weighs in favor of a higher or lower term 

within the limits authorized, sentences imposed pursuant to 2C:43-7a.(2) shall have a 

presumptive term of 50 years' imprisonment; sentences imposed pursuant to 2C:43-7a.(3) 

shall have a presumptive term of 15 years' imprisonment; and sentences imposed pursuant to 

2C:43-7a.(4) shall have a presumptive term of seven years' imprisonment. 

In imposing a minimum term pursuant to 2C:43-7b., the sentencing court shall specifically 

place on the record the aggravating factors set forth in this section which justify the 

imposition of a minimum term. 

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(2) In cases of convictions for crimes of the first or second degree where the court is clearly 

convinced that the mitigating factors substantially outweigh the aggravating factors and where 

the interest of justice demands, the court may sentence the defendant to a term appropriate to 

a crime of one degree lower than that of the crime for which he was convicted. If the court 

does impose sentence pursuant to this paragraph, or if the court imposes a noncustodial or 

probationary sentence upon conviction for a crime of the first or second degree, such sentence 

shall not become final for 10 days in order to permit the appeal of such sentence by the 

prosecution. 

g. Imposition of Noncustodial Sentences in Certain Cases. If the court, in considering the 

aggravating factors set forth in subsection a., finds the aggravating factor in paragraph a.(2), 

a.(5), a.(10), or a.(12) and does not impose a custodial sentence, the court shall specifically place 

on the record the mitigating factors which justify the imposition of a noncustodial sentence. 

h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of 

imprisonment as provided in subsection d. of this section shall not preclude the admission of a 

person to the Intensive Supervision Program, established pursuant to the Rules Governing the 

Courts of the State of New Jersey. 

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NEW MEXICO 

N.M. STAT. ANN. 30-6-1. ABANDONMENT OR ABUSE OF A CHILD 

A. As used in this section: 

(1) "child" means a person who is less than eighteen years of age; 

(2) "neglect" means that a child is without proper parental care and control of subsistence, 

education, medical or other care or control necessary for the child's well-being because of the 

faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when 

able to do so, to provide them; and 

(3) "negligently" refers to criminal negligence and means that a person knew or should have 

known of the danger involved and acted with a reckless disregard for the safety or health of 

the child. 

B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally 

leaving or abandoning the child under circumstances whereby the child may or does suffer 

neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the 

abandonment results in the child's death or great bodily harm, in which case the person is guilty 

of a second degree felony. 

C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance 

with the Safe Haven for Infants Act [24-22-1 NMSA 1978] shall not be prosecuted for 

abandonment of a child. 

D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without 

justifiable cause, causing or permitting a child to be: 

(1) placed in a situation that may endanger the child's life or health; 

(2) tortured, cruelly confined or cruelly punished; or 

(3) exposed to the inclemency of the weather. 

E. A person who commits abuse of a child that does not result in the child's death or great bodily 

harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses 

is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the 

person is guilty of a first degree felony. 

F. A person who commits negligent abuse of a child that results in the death of the child is guilty 

of a first degree felony. 

159 
G. A person who commits intentional abuse of a child twelve to eighteen years of age that results 

in the death of the child is guilty of a first degree felony. 

H. A person who commits intentional abuse of a child less than twelve years of age that results in 

the death of the child is guilty of a first degree felony resulting in the death of a child. 

I. Evidence that demonstrates that a child has been knowingly, intentionally or negligently 

allowed to enter or remain in a motor vehicle, building or any other premises that contains 

chemicals and equipment used or intended for use in the manufacture of a controlled substance 

shall be deemed prima facie evidence of abuse of the child. 

J. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the 

use of methamphetamine shall be deemed prima facie evidence of abuse of the child. 

K. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for 

abuse of the infant for actions of the person occurring before the infant was left at the hospital. 

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NEW YORK 

N.Y. PENAL LAW 120.02 (MCKINNEY). RECKLESS ASSAULT OF A CHILD 

1. A person is guilty of reckless assault of a child when, being eighteen years of age or more, 

such person recklessly causes serious physical injury to the brain of a child less than five years 

old by shaking the child, or by slamming or throwing the child so as to impact the child's head 

on a hard surface or object. 

2. For purposes of subdivision one of this section, the following shall constitute "serious 

physical injury" 

a. "serious physical injury" as defined in subdivision ten of section 10.00 of this chapter; or 

b. extreme rotational cranial acceleration and deceleration and one or more of the following: 

(I) subdural hemorrhaging; (ii) intracranial hemorrhaging; or (iii) retinal hemorrhaging. 

Reckless assault of a child is a class D felony. 

N.Y. PENAL LAW 120.05 (MCKINNEY). ASSAULT IN THE SECOND DEGREE 

A person is guilty of assault in the second degree when: 

1. With intent to cause serious physical injury to another person, he causes such injury to such 

person or to a third person; or 

2. With intent to cause physical injury to another person, he causes such injury to such person 

or to a third person by means of a deadly weapon or a dangerous instrument; or 

3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision 

thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical 

nurse, public health sanitarian, New York city public health sanitarian, sanitation 

enforcement agent, New York city sanitation worker, a firefighter, including a firefighter 

acting as a paramedic or emergency medical technician administering first aid in the course 

of performance of duty as such firefighter, an emergency medical service paramedic or 

emergency medical service technician, or medical or related personnel in a hospital 

emergency department, a city marshal, a school crossing guard appointed pursuant to section 

two hundred eight-a of the general municipal law, a traffic enforcement officer or traffic 

enforcement agent or employee of any entity governed by the public service law in the 

course of performing an essential service, from performing a lawful duty, by means 

including releasing or failing to control an animal under circumstances evincing the actor's 

intent that the animal obstruct the lawful activity of such peace officer, police officer, 

prosecutor as defined in subdivision thirty-one of section I .20 of the criminal procedure law, 

registered nurse, licensed practical nurse, public health sanitarian, New York city public 

health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, 

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paramedic, technician or medical or related personnel in a hospital emergency department, 

city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent or 

employee of an entity governed by the public service law; or 

3-a. With intent to prevent an employee of a local social services district directly involved in 

investigation of or response to alleged abuse or neglect of a child, a vulnerable elderly 

person or an incompetent or physically disabled person, from pardoning such investigation 

or response, the actor, not being such child, vulnerable elderly person or incompetent or 

physically disabled person, or with intent to prevent an employee of a local social services 

district directly involved in providing public assistance and care from performing his or her 

job, causes physical injury to such employee including by means of releasing or failing to 

control an animal under circumstances evincing the actor's intent that the animal obstruct the 

lawful activities of such employee; or 

3-b. With intent to prevent an employee of the New York city housing authority from 

performing his or her lawful duties while located on housing project grounds, real property, 

or a building owned, managed, or operated by such authority he or she causes physical 

injury to such employee; or 

3-c. With intent to prevent an employee providing direct patient care, who is not a nurse 

pursuant to title eight of the education law, whose principal employment responsibility is to 

carry out direct patient care for one or more patients in any hospital, nursing home, 

residential health care facility, general hospital, government agency including any chronic 

disease hospital, maternity hospital, outpatient department, emergency center or surgical 

center under article twenty-eight of the public health law, from performing a lawful duty, he 

or she causes physical injury to such employee providing direct patient care; or 

4. He recklessly causes serious physical injury to another person by means of a deadly weapon 

or a dangerous instrument; or 

4-a. He recklessly causes physical injury to another person who is a child under the age of 

eighteen by intentional discharge of a firearm, rifle or shotgun; or 

5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes 

stupor; unconsciousness or other physical impairment or injury to another person by 

administering to him, without his consent, a drug, substance or preparation capable of 

producing the same; or 

6. In the course of and in furtherance of the commission or attempted commission of a felony, 

other than a felony defined in article one hundred thirty which requires corroboration for 

conviction, or of immediate flight therefrom, he, or another participant if there be any, causes 

physical injury to a person other than one of the participants; or 

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7. Having been charged with or convicted of a crime and while confined in a correctional 

facility, as defined in subdivision three of section forty of the correction law, pursuant to 

such charge or conviction, with intent to cause physical injury to another person, he causes 

such injury to such person or to a third person; or 

8. Being eighteen years old or more and with intent to cause physical injury to a person less 

than eleven years old, the defendant recklessly causes serious physical injury to such person; 

or 

9. Being eighteen years old or more and with intent to cause physical injury to a person less 

than seven years old, the defendant causes such injury to such person; or 

10. Acting at a place the person knows, or reasonably should know, is on school grounds and 

with intent to cause physical injury, he or she: 

(a) causes such injury to an employee of a school or public-school district; or 

(b) not being a student of such school or public-school district, causes physical injury to 

another, and such other person is a student of such school who is attending or present for 

educational purposes. For purposes of this subdivision the term "school grounds" shall have 

the meaning set forth in subdivision fourteen of section 220.00 of this chapter, or 

11. With intent to cause physical injury to a train operator, ticket inspector, conductor, 

signalperson, bus operator, station agent, station cleaner or terminal cleaner employed by any 

transit agency, authority or company, public or private, whose operation is authorized by 

New York state or any of its political subdivisions, a city marshal, a school crossing guard 

appointed pursuant to section two hundred eight-a of the general municipal law, a traffic 

enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirtyone of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York 

city sanitation worker, public health sanitarian, New York city public health sanitarian, 

registered nurse, licensed practical nurse, emergency medical service paramedic, or 

emergency medical service technician, he or she causes physical injury to such train operator, 

ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or 

terminal cleaner, city marshal, school crossing guard appointed pursuant to section two 

hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement 

agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal 

procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York 

city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, 

emergency medical service paramedic, or emergency medical service technician, while such 

employee is performing an assigned duty on, or directly related to, the operation of a train or 

bus, including the cleaning of a train or bus station or terminal, or such city marshal, school 

crossing guard, traffic enforcement officer, traffic enforcement agent, prosecutor as defined 

in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, 

licensed practical nurse, public health sanitarian, New York city public health sanitarian, 

sanitation enforcement agent, New York city sanitation worker, emergency medical service 

paramedic, or emergency medical service technician is performing an assigned duty; or 

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11-a. With intent to cause physical injury to an employee of a local social services district 

directly involved in investigation of or response to alleged abuse or neglect of a child, 

vulnerable elderly person or an incompetent or physically disabled person, the actor, not being 

such child, vulnerable elderly person or incompetent or physically disabled person, or with 

intent to prevent an employee of a local social services district directly involved in providing 

public assistance and care from performing his or her job, causes physical injury to such 

employee; or with intent to cause physical injury to an employee of a local social services 

district directly involved in investigation of or response to alleged abuse or neglect of a child, 

vulnerable elderly person or an incompetent or physically disabled person, the actor, not being 

such child, vulnerable elderly person or incompetent or physically disabled person, or with 

intent to prevent an employee of a local social services district directly involved in providing 

public assistance and care from performing his or her job, causes physical injury to such 

employee; or 

11-b. With intent to cause physical injury to an employee of the New York city housing 

authority performing his or her lawful duties while located on housing project grounds, real 

property, or a building owned, managed, or operated by such authority he or she causes 

physical injury to such employee; or 

11-c. With intent to cause physical injury to an employee providing direct patient care, who is 

not a nurse pursuant to title eight of the education law, whose principal employment 

responsibility is to carry out direct patient care for one or more patients in any hospital, 

nursing home, residential health care facility, general hospital, government agency including 

any chronic disease hospital, maternity hospital, outpatient department, emergency center or 

surgical center under article twenty-eight of the public health law, he or she causes physical 

injury to such employee providing direct patient care while such employee is performing a 

lawful duty; or with intent to cause physical injury to an employee of the New York city 

housing authority performing his or her lawful duties while located on housing project 

grounds, real property, or a building owned, managed, or operated by such authority he or she 

causes physical injury to such employee; or 

12. With intent to cause physical injury to a person who is sixty-five years of age or older, he or 

she causes such injury to such person, and the actor is more than ten years younger than such 

person; or 

13. Being confined to a secure treatment facility, as such term is defined in subdivision (o) of 

section 10.03 of the mental hygiene law, and with intent to cause physical injury to an 

employee of such secure treatment facility performing his or her duties, he or she causes such 

injury to such person; or 

14. With intent to prevent or obstruct a process server, as defined in section eighty-nine-t of the 

general business law, from performing a lawful duty pursuant to article three of the civil 

practice law and rules, or intentionally, as retaliation against such a process server for the 

performance of the process server's duties pursuant to such article, including by means of 

releasing or failing to control an animal evincing the actor's intent that the animal prevent or 

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obstruct the lawful duty of the process server or as retaliation against the process server, he 

or she causes physical injury to such process server. 

Assault in the second degree is a class D felony. 

N.Y. PENAL LAW 70.00 (MCKINNEY). SENTENCE OF IMPRISONMENT FOR FELONY 

1. [Eff until Sept 1, 2021; as amended L 2004, ch 738, § 28 and L 2007, ch 7, § 36] 

Indeterminate sentence. Except as provided in subdivisions four, five and six of this section or 

section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined 

in article two hundred twenty or two hundred twenty-one of this chapter, shall be an 

indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum 

term in accordance with the provisions of subdivision two of this section and the minimum 

period of imprisonment shall be as provided in subdivision three of this section. 

1. [Eff Sept 1, 2021; as amended L 2004, ch 738, § 29 and L 2007, ch 7, § 37] Indeterminate 

sentence. Except as provided in subdivisions four and five of this section or section 70.80 of this 

article, a sentence of imprisonment for a felony, other than a felony defined in article two 

hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. 

When such a sentence is imposed, the court shall impose a maximum term in accordance with 

the provisions of subdivision two of this section and the minimum period of imprisonment shall 

be as provided in subdivision three of this section. 

2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least 

three years and the term shall be fixed as follows: 

(a) For a class A felony, the term shall be life imprisonment; 

(b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-five 

years; 

(c) For a class C felony, the term shall be fixed by the court, and shall not exceed fifteen 

years; 

(d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven years; 

and 

(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years. 

3. Minimum period of imprisonment. The minimum period of imprisonment under an 

indeterminate sentence shall be at least one year and shall be fixed as follows: 

(a) In the case of a class A felony, the minimum period shall be fixed by the court and 

specified in the sentence. 

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(i) For a class A-I felony, such minimum period shall not be less than fifteen years nor 

more than twenty-five years; provided, however, that (A) where a sentence, other than a 

sentence of death or life imprisonment without parole, is imposed upon a defendant 

convicted of murder in the first degree as defined in section 125.27 of this chapter such 

minimum period shall be not less than twenty years nor more than twenty-five years, and, 

(B) where a sentence is imposed upon a defendant convicted of murder in the second 

degree as defined in subdivision five of section 125.25 of this chapter or convicted of 

aggravated murder as defined in section 125.26 of this chapter, the sentence shall be life 

imprisonment without parole, and, (C) where a sentence is imposed upon a defendant 

convicted of attempted murder in the first degree as defined in article one hundred ten of 

this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one and 

paragraph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated 

murder as defined in article one hundred ten of this chapter and section 125.26 of this 

chapter such minimum period shall be not less than twenty years nor more than forty years. 

(ii) For a class A-II felony, such minimum period shall not be less than three years nor 

more than eight years four months, except that for the class A-II felony of predatory sexual 

assault as defined in section 130.95 of this chapter or the class A-II felony of predatory 

sexual assault against a child as defined in section 130.96 of this chapter, such minimum 

period shall be not less than ten years nor more than twenty-five years. 

(b) For any other felony, the minimum period shall be fixed by the court and specified in the 

sentence and shall be not less than one year nor more than one-third of the maximum term 

imposed. 

4. Alternative definite sentence for class D and E felonies. When a person, other than a second or 

persistent felony offender, is sentenced for a class D or class E felony, and the court, having 

regard to the nature and circumstances of the crime and to the history and character of the 

defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be 

unduly harsh to impose an indeterminate or determinate sentence, the court may impose a 

definite sentence of imprisonment and fix a term of one year or less. 

5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant 

sentenced to life imprisonment without parole shall not be or become eligible for parole or 

conditional release. For purposes of commitment and custody, other than parole and conditional 

release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be 

sentenced to life imprisonment without parole upon conviction for the crime of murder in the 

first degree as defined in section 125.27 of this chapter and in accordance with the procedures 

provided by law for imposing a sentence for such crime. A defendant who was eighteen years of 

age or older at the time of the commission of the crime must be sentenced to life imprisonment 

without parole upon conviction for the crime of terrorism as defined in section 490.25 of this 

chapter, where the specified offense the defendant committed is a class A-I felony; the crime of 

criminal possession of a chemical weapon or biological weapon in the first degree as defined in 

section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological 

weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that 

nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is 

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also convicted of the crime of murder in the first degree as defined in section 125.27 of this 

chapter. A defendant who was seventeen years of age or younger at the time of the commission 

of the crime may be sentenced, in accordance with law, to the applicable indeterminate sentence 

with a maximum term of life imprisonment. A defendant must be sentenced to life imprisonment 

without parole upon conviction for the crime of murder in the second degree as defined in 

subdivision five of section 125.25 of this chapter or for the crime of aggravated murder as 

defined in subdivision one of section 125.26 of this chapter. A defendant may be sentenced to 

life imprisonment without parole upon conviction for the crime of aggravated murder as defined 

in subdivision two of section 125.26 of this chapter. 

6. [Repealed eff Sept 1, 2020] Determinate sentence. Except as provided in subdivision four of 

this section and subdivisions two and four of section 70.02, when a person is sentenced as a 

violent felony offender pursuant to section 70.02 or as a second violent felony offender pursuant 

to section 70.04 or as a second felony offender on a conviction for a violent felony offense 

pursuant to section 70.06, the court must impose a determinate sentence of imprisonment in 

accordance with the provisions of such sections and such sentence shall include, as a part 

thereof, a period of post-release supervision in accordance with section 70.45. 

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NORTH CAROLINA 

N.C. GEN. STAT. ANN. 14-318.2. CHILD ABUSE A MISDEMEANOR 

(a) Any parent of a child less than 16 years of age, or any other person providing care to or 

supervision of such child, who inflicts physical injury, or who allows physical injury to be 

inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to 

such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. 

(b) The Class A1 misdemeanor of child abuse is an offense additional to other civil and criminal 

provisions and is not intended to repeal or preclude any other sanctions or remedies. 

(c) A parent who abandons an infant less than seven days of age pursuant to G.S. 14-322.3 shall 

not be prosecuted under this section for any acts or omissions related to the care of that infant. 

N.C. GEN. STAT. ANN. 14-33. MISDEMEANOR ASSAULTS, BATTERIES, AND 

AFFRAYS, SIMPLE AND AGGRAVATED; PUNISHMENTS 

(a) Any person who commits a simple assault or a simple assault and battery or participates in a 

simple affray is guilty of a Class 2 misdemeanor. 

(b) Unless his conduct is covered under some other provision of law providing greater 

punishment, any person who commits any assault, assault and battery, or affray is guilty of a 

Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he: (1) 

through (3) Repealed by Session Laws 1995, c. 507, s. 19.5(b); (4) through (7) Repealed by 

Session Laws 1991, c. 525, s. 1; (8) Repealed by Session Laws 1995, c. 507, s. 19.5(b); (9) 

Commits an assault and battery against a sports official when the sports official is discharging or 

attempting to discharge official duties at a sports event, or immediately after the sports event at 

which the sports official discharged official duties. A "sports official" is a person at a sports 

event who enforces the rules of the event, such as an umpire or referee, or a person who 

supervises the participants, such as a coach. A "sports event" includes any interscholastic or 

intramural athletic activity in a primary, middle, junior high, or high school, college, or 

university, any organized athletic activity sponsored by a community, business, or nonprofit 

organization, any athletic activity that is a professional or semiprofessional event, and any other 

organized athletic activity in the State. 

(c) Unless the conduct is covered under some other provision of law providing greater 

punishment, any person who commits any assault, assault and battery, or affray is guilty of a 

Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she: 

(1) Inflicts serious injury upon another person or uses a deadly weapon; 

(2) Assaults a female, he being a male person at least 18 years of age; 

(3) Assaults a child under the age of 12 years; 

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(4) Assaults an officer or employee of the State or any political subdivision of the State, when 

the officer or employee is discharging or attempting to discharge his official duties; 

(5) Repealed by Session Laws 1999-105, s. 1, effective December 1, 1999; or 

(6) Assaults a school employee or school volunteer when the employee or volunteer is 

discharging or attempting to discharge his or her duties as an employee or volunteer, or 

assaults a school employee or school volunteer as a result of the discharge or attempt to 

discharge that individual's duties as a school employee or school volunteer. 

For purposes of this subdivision, the following definitions shall apply: 

a. "Duties" means: 

1. All activities on school property; 

2. All activities, wherever occurring, during a school authorized event or the 

accompanying of students to or from that event; and 

3. All activities relating to the operation of school transportation. 

b. "Employee" or "volunteer" means: 

1. An employee of a local board of education; or a charter school authorized under G.S. 

115C-218.5, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 

of Article 39 of Chapter 115C of the General Statutes; G.S. 14-33 Page 2 

2. An independent contractor or an employee of an independent contractor of a local board 

of education, charter school authorized under G.S. 115C-218.5, or a nonpublic school 

which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the 

General Statutes, if the independent contractor carries out duties customarily performed by 

employees of the school; and 

3. An adult who volunteers his or her services or presence at any school activity and is 

under the supervision of an individual listed in sub-sub-subdivision 1. or 2. of this subsubdivision. 

(7) Assaults a public transit operator, including a public employee or a private contractor 

employed as a public transit operator, when the operator is discharging or attempting to 

discharge his or her duties. 

(8) Assaults a company police officer certified pursuant to the provisions of Chapter 74E of 

the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 

74G, Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's 

duties. 

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(c1) No school personnel as defined in G.S. 14-33(c)(6) who takes reasonable actions in good 

faith to end a fight or altercation between students shall incur any civil or criminal liability as the 

result of those actions. 

(d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious 

injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this 

section, on a person with whom the person has a personal relationship, and in the presence of a 

minor, is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is 

sentenced to a community punishment, shall be placed on supervised probation in addition to 

any other punishment imposed by the court. A person committing a second or subsequent 

violation of this subsection shall be sentenced to an active punishment of no less than 30 days in 

addition to any other punishment imposed by the court. The following definitions apply to this 

subsection: 

(1) "Personal relationship" is as defined in G.S. 50B-1(b). 

(2) "In the presence of a minor" means that the minor was in a position to see or hear the 

assault. 

(3) "Minor" is any person under the age of 18 years who is residing with or is under the care 

and supervision of, and who has a personal relationship with, the person assaulted or the 

person committing the assault. 

N.C. GEN. STAT. ANN. 14-318.4. CHILD ABUSE A FELONY 

(a) A parent or any other person providing care to or supervision of a child less than 16 years of 

age who intentionally inflicts any serious physical injury upon or to the child or who 

intentionally commits an assault upon the child which results in any serious physical injury to the 

child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this 

section. 

(al) Any parent of a child less than 16 years of age, or any other person providing care to or 

supervision of the child, who commits, permits, or encourages any act of prostitution with or 

by the child is guilty of child abuse and shall be punished as a Class D felon. 

(a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows 

the commission of any sexual act upon the child is guilty of a Class D felony. 

(a3) A parent or any other person providing care to or supervision of a child less than 16 

years of age who intentionally inflicts any serious bodily injury to the child or who 

intentionally commits an assault upon the child which results in any serious bodily injury to 

the child, or which results in permanent or protracted loss or impairment of any mental or 

emotional function of the child, is guilty of a Class B2 felony, 

(a4) A parent or any other person providing care to or supervision of a child less than 16 years 

of age whose willful act or grossly negligent omission in the care of the child shows a 

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reckless disregard for human life is guilty of a Class E felony if the act or omission results in 

serious bodily injury to the child. 

(a5) A parent or any other person providing care to or supervision of a child less than 16 years 

of age whose willful act or grossly negligent omission in the care of the child shows a 

reckless disregard for human life is guilty of a Class G felony if the act or omission results in 

serious physical injury to the child. 

(a6) For purposes of this section, a "grossly negligent omission" in providing care to or 

supervision of a child includes the failure to report a child as missing to law 

enforcement as provided in G.S. 14-318.5(b). 

(b) The felony of child abuse is an offense additional to other civil and criminal provisions and 

is not intended to repeal or preclude any other sanctions or remedies. 

(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may be 

treated as a mitigating factor in sentencing for a conviction under this section involving that 

infant. 

(d) The following definitions apply in this section: 

1. Serious bodily injury. — Bodily injury that creates a substantial risk of death or that 

causes serious permanent disfigurement, coma, a permanent or protracted condition that 

causes extreme pain, or permanent or protracted loss or impairment of the function of any 

bodily member or organ, or that results in prolonged hospitalization. 

2. Serious physical injury. — Physical injury that causes great pain and suffering. The term 

includes serious mental injury. 

N.C. GEN. STAT. ANN. I5A-1340.17. PUNISHMENT LIMITS FOR EACH CLASS OF 

OFFENSE AND PRIOR RECORD LEVEL 

(a) Offense Classification; Default Classifications. The offense classification is as specified in 

the offense for which the sentence is being imposed. If the offense is a felony for which there is 

no classification, it is a Class I felony. 

(b) Fines. Any judgment that includes a sentence of imprisonment may also include a fine. If a 

community punishment is authorized, the judgment may consist of a fine only. Additionally, 

when the defendant is other than an individual, the judgment may consist of a fine only. Unless 

otherwise provided, the amount of the fine is in the discretion of the court. 

(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. 

— The authorized punishment for each class of offense and prior record level is as specified in 

the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on 

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the top of the chart. Classes of offense are indicated by the letters placed vertically on the left 

side of the chart. Each cell on the chart contains the following components: 

(1) A sentence disposition or dispositions: "C" indicates that a community punishment is 

authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that an 

active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the 

defendant shall be imprisoned for the remainder of the prisoner's natural life. 

(2) A presumptive range of minimum durations, if the sentence of imprisonment is neither 

aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless 

the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated sentence is 

appropriate. The presumptive range is the middle of the three ranges in the cell. 

(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A1340.16 

that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of 

imprisonment in the mitigated range is permitted. The mitigated range is the lower of the 

three ranges in the cell. 

(4) An aggravated range of minimum durations if the court finds pursuant to GS. 15A1340.16 

that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of 

imprisonment in the aggravated range is permitted. The aggravated range is the higher of the 

three ranges in the cell. 

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PRIOR RECORD LEVEL 

Source: 

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A1340.17.html 

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(d) Maximum Sentences Specified for Class F through Class I Felonies. --Unless provided 

otherwise in a statute establishing a punishment for a specific crime, for each minimum term of 

imprisonment in the chart in subsection (c) of this section, expressed in months, the 

corresponding maximum term of imprisonment, also expressed in months, is as specified in the 

table below for Class F through Class I felonies. The first figure in each cell in the table is the 

minimum term and the second is the maximum term. 

Source: 

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A1340.17.html 

174 
(e) Maximum Sentences Specified for Class Bl through Class E Felonies for Minimum Terms up 

to 339 Months. --Unless provided otherwise in a statute establishing a punishment for a specific 

crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, 

expressed in months, the corresponding maximum term of imprisonment, also expressed in 

months, is as specified in the table below for Class Bl through Class E felonies. The first figure 

in each cell of the table is the minimum term and the second is the maximum term. 

Source: 

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A1340.17.html 

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(e1) Maximum Sentences Specified for Class Bl through Class E Felonies for Minimum 

Terms of 340 Months or More. Unless provided otherwise in a statute establishing a 

punishment for a specific crime, when the minimum sentence is 340 months or more, the 

corresponding maximum term of imprisonment shall be equal to the sum of the minimum 

term of imprisonment and twenty percent (20%) of the minimum term of imprisonment, 

rounded to the next highest month, plus 12 additional months. 

(f) Maximum Sentences Specified for Class BI Through Class E Sex Offenses. Unless provided 

otherwise in a statute establishing a punishment for a specific crime, for offenders sentenced for 

a Class Bl through E felony that is a reportable conviction subject to the registration requirement 

of Article 27A of Chapter 14 of the General Statutes, the maximum term of imprisonment shall 

be equal to the sum of the minimum term of imprisonment and twenty percent (20%) of the 

minimum term of imprisonment, rounded to the next highest month, plus 60 additional months. 

N.C. GEN. STAT. ANN. 15A-1340.23. PUNISHMENT LIMITS FOR EACH CLASS OF 

OFFENSE AND PRIOR CONVICTION LEVEL 

(a) Offense Classification; Default Classifications. — The offense classification is as specified in 

the offense for which the sentence is being imposed. If the offense is a misdemeanor for which 

there is no classification, it is as classified in GS.14-3. 

(b) Fines — Any judgment that includes a sentence of imprisonment may also include a fine. 

Additionally, when the defendant is other than an individual, the judgment may consist of a fine 

only. If a community punishment is authorized, the judgment may consist of a fine only. Unless 

otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred 

dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 

misdemeanor. The amount of the fine for a Class I misdemeanor and a Class Al misdemeanor is 

in the discretion of the court. 

(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart 

Described — Unless otherwise provided for a specific offense, the authorized punishment for 

each class of offense and prior conviction level is as specified in the chart below. Prior 

conviction levels are indicated by the Roman numerals placed horizontally on the top of the 

chart, Classes of offenses are indicated by the Arabic numbers placed vertically on the left side 

of the chart. 

Each grid on the chart contains the following components: 

(l) A sentence disposition or dispositions: "C" indicates that a community punishment is 

authorized; “I” indicates that an intermediate punishment is authorized; and "A" indicates that 

an active punishment is authorized; and 

(2) A range of durations for the sentence of imprisonment: any sentence within the duration 

specified is permitted. 

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MISDEMEANOR 

OFFENSE 

CLASS 

PRIOR CONVICTION LEVELS 

LEVEL I 

No Prior 

Conviction 

LEVEL II 

One to Four Prior 

Convictions 

LEVEL III 

Five or More Prior 

Convictions 

A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A 

1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A 

2 1-30 days C 1-45 days C/l 1-60 days C/I/A 

3 1-10 days C 1-15 days C if one to 

three prior 

convictions 

1-15 days C/I if four 

prior convictions 

1-20 days C/I/A 

(d) Fine Only for Certain Class 3 Misdemeanors. Unless otherwise provided for a specific 

offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than 

three prior convictions shall consist only of a fine. 

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NORTH DAKOTA 

N.D. CENT. CODE 14-09-22. ABUSE OR NEGLECT OF CHILD—PENALTY 

1. Except as provided in subsection 2 or 3, a parent, adult family or household member, 

guardian, or other custodian of any child, who willfully inflicts or allows to be inflicted upon 

the child mental injury or bodily injury, substantial bodily injury, or serious bodily injury as 

defined by section 12.1-01-04 is guilty of a class C felony except if the victim of an offense 

under this section is under the age of six years in which case the offense is a class B felony. 

2. A person who provides care, supervision, education, or guidance for a child unaccompanied 

by the child's parent, adult family or household member, guardian, or custodian in exchange 

for money, goods, or other services and who while providing such services commits an 

offense under this section is guilty of a class B felony. Any such person that commits, allows 

to be committed, or conspires to commit, against the child, a sex offense as defined in 

chapter 12.1-20 is subject to the penalties provided in that chapter. 

3. A person that commits an offense under this section is guilty of a class B felony if the victim 

suffers permanent loss or impairment of the function of a bodily member or organ, except if 

the victim of the offense is under the age of six years in which case the offense is a class A 

felony. 

N.D. CENT. CODE 12.1-32-01. CLASSIFICATION OF OFFENSES—PENALTIES 

Offenses are divided into seven classes, which are denominated and subject to maximum 

penalties, as follows: 

1. Class AA felony, for which a maximum penalty of life imprisonment without parole may be 

imposed. The court must designate whether the life imprisonment sentence imposed is with 

or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a 

person found guilty of a class AA felony and who receives a sentence of life imprisonment 

with parole, shall not be eligible to have that person's sentence considered by the parole 

board for thirty years, less sentence reduction earned for good conduct, after that person's 

admission to the penitentiary. 

2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of 

twenty thousand dollars, or both, may be imposed. 

3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of twenty 

thousand dollars, or both, may be imposed. 

4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine often 

thousand dollars, or both, may be imposed. 

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5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a fine of 

three thousand dollars, or both, may be imposed. 

6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of 

one thousand five hundred dollars, or both, may be imposed. 

7. Infraction, for which a maximum fine of one thousand dollars may be imposed. Any person 

convicted of an infraction who has, within one year prior to commission of the infraction of 

which the person was convicted, been previously convicted of an offense classified as an 

infraction may be sentenced as though convicted of a class B misdemeanor. If the 

prosecution contends that the infraction is punishable as a class B misdemeanor, the 

complaint shall specify that the offense is a misdemeanor. 

This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to 

extended sentences. 

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NORTHERN MARIANA ISLANDS 

6 N. MAR. I. CODE 5312. CHILD ABUSE: DEFINED 

(a) A person commits the offense of child abuse if the person: 

(1) Willfully and intentionally strikes, beats or by any other act or omission inflicts physical 

pain, injury or mental distress upon a child under the age of 18 who is in the person's 

custody or over which the person occupies a position of authority, such pain or injury 

being clearly beyond the scope of reasonable corporal punishment, with the result that the 

child's physical or mental health and well-being are harmed or threatened; 

(2) Through willful or negligent act or omission fails to provide a child under the age of 18, 

who is in the person's custody or over which the person occupies a position of authority, 

with adequate supervision, medical care, food, clothing or shelter with the result that the 

child's physical or mental health and well-being are harmed or threatened; or 

(3) Commits any act that would constitute a criminal offense under 6 CMC §§ 1306-1311 

against a child under the age of 18 who is in the person's custody or over which the 

person occupies a position of authority. 

(b) Child abuse does not include the exercise of reasonable and traditional parental discipline, 

which may be determined in reference to prevailing community and cultural standards. 

(c) A person convicted of child abuse may be punished by imprisonment for not more than five 

years, a fine of not more than $2,000, or both; however, the court may, upon conviction, order 

that the person be provided with appropriate counseling to cure, alleviate or prevent 

psychological problems that are judged to be related to the child abuse incident. 

(d) As used in this chapter, "position of authority" means an employer, youth 

leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, 

nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police 

officer or probation officer other than when the officer is exercising custodial control over a 

minor. 

(e) As used in this chapter, "in the person's custody" means in the custody of the child's parent 

(including natural parents, stepparents and adopted parents), legal guardian, foster parent, an 

employee of a public or private residential home or facility; or any other person over the age of 

18 responsible for the child's welfare in a residential setting. 

(f) As used in this chapter, "willful or negligent action or omission" includes both negligent 

treatment and maltreatment as defined by federal regulation. 

(g) As used in this chapter, "mental distress" means an effect on the intellectual or psychological 

capacity of a child as evidenced by observable and substantial impairment of his ability to 

function within normal ranges of performance and behavior, with due regard to his culture. 

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OHIO 

OHIO REV. CODE ANN. 2919.22. ENDANGERING CHILDREN 

(A) No person, who is the parent, guardian, custodian, person having custody or control, or 

person in loco parentis of a child under eighteen years of age or a mentally or physically 

handicapped child under twenty-one years of age, shall create a substantial risk to the health or 

safety of the child, by violating a duty of care, protection, or support. It is not a violation of a 

duty of care, protection, or support under this division when the parent, guardian, custodian, or 

person having custody or control of a child treats the physical or mental illness or defect of the 

child by spiritual means through prayer alone, in accordance with the tenets of a recognized 

religious body. 

(B) No person shall do any of the following to a child under eighteen years of age or a mentally 

or physically handicapped child under twenty-one years of age: 

(1) Abuse the child; 

(2) Torture or cruelly abuse the child; 

(3) Administer corporal punishment or other physical disciplinary measure, or physically 

restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, 

or restraint is excessive under the circumstances and creates a substantial risk of serious 

physical harm to the child; 

(4) Repeatedly administer unwarranted disciplinary measures to the child, when there is a 

substantial risk that such conduct, if continued, will seriously impair or retard the child's 

mental health or development; 

(5) Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, 

model, or in any other way participate in, or be photographed for, the production, 

presentation, dissemination, or advertisement of any material or performance that the offender 

knows or reasonably should know is obscene, is sexually oriented matter, or is nudity-oriented 

matter; 

(6) Allow the child to be on the same parcel of real property and within one hundred feet of, 

or, in the case of more than one housing unit on the same parcel of real property, in the same 

housing unit and within one hundred feet of, any act in violation of 

section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is 

occurring, whether or not any person is prosecuted for or convicted of the violation of 

section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this 

division. 

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(C)(1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in 

violation of division (A) of section 4511.19 of the Revised Code when one or more children 

under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any 

other provision of law, a person may be convicted at the same trial or proceeding of a violation 

of this division and a violation of division (A) of section 4511.19 of the Revised Code that 

constitutes the basis of the charge of the violation of this division. For purposes of 

sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person 

arrested for a violation of this division shall be considered to be under arrest for operating a 

vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for 

operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a 

metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. 

(2) As used in division (C)(1) of this section: 

(a) "Controlled substance" has the same meaning as in section 3719.01 of the Revised 

Code. 

(b) "Vehicle," "streetcar," and "trackless trolley" have the same meanings as in 

section 4511.01 of the Revised Code. 

(D)(1) Division (B)(5) of this section does not apply to any material or performance that is 

produced, presented, or disseminated for a bona fide medical, scientific, educational, religious, 

governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, 

scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, 

prosecutor, judge, or other person having a proper interest in the material or performance. 

(2) Mistake of age is not a defense to a charge under division (B)(5) of this section. 

(3) In a prosecution under division (B)(5) of this section, the trier of fact may infer that an 

actor, model, or participant in the material or performance involved is a juvenile if the 

material or performance, through its title, text, visual representation, or otherwise, represents 

or depicts the actor, model, or participant as a juvenile. 

(4) As used in this division and division (B)(5) of this section: 

(a) "Material," "performance," "obscene," and "sexual activity" have the same meanings as 

in section 2907.01 of the Revised Code. 

(b) "Nudity-oriented matter" means any material or performance that shows a minor in a 

state of nudity and that, taken as a whole by the average person applying contemporary 

community standards, appeals to prurient interest. 

(c) "Sexually oriented matter" means any material or performance that shows a minor 

participating or engaging in sexual activity, masturbation, or bestiality. 

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(E)(1) Whoever violates this section is guilty of endangering children. 

(2) If the offender violates division (A) or (B)(1) of this section, endangering children is one 

of the following, and, in the circumstances described in division (E)(2)(e) of this section, that 

division applies: 

(a) Except as otherwise provided in division (E)(2)(b), (c), or (d) of this section, a 

misdemeanor of the first degree; 

(b) If the offender previously has been convicted of an offense under this section or of any 

offense involving neglect, abandonment, contributing to the delinquency of, or physical 

abuse of a child, except as otherwise provided in division (E)(2)(c) or (d) of this section, a 

felony of the fourth degree; 

(c) If the violation is a violation of division (A) of this section and results in serious 

physical harm to the child involved, a felony of the third degree; 

(d) If the violation is a violation of division (B)(1) of this section and results in serious 

physical harm to the child involved, a felony of the second degree. 

(e) If the violation is a felony violation of division (B)(1) of this section and the offender 

also is convicted of or pleads guilty to a specification as described in section 2941.1422 of 

the Revised Code that was included in the indictment, count in the indictment, or 

information charging the offense, the court shall sentence the offender to a mandatory 

prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and 

shall order the offender to make restitution as provided in division (B)(8) of 

section 2929.18 of the Revised Code. 

(3) If the offender violates division (B)(2), (3), (4), or (6) of this section, except as otherwise 

provided in this division, endangering children is a felony of the third degree. If the violation 

results in serious physical harm to the child involved, or if the offender previously has been 

convicted of an offense under this section or of any offense involving neglect, abandonment, 

contributing to the delinquency of, or physical abuse of a child, endangering children is a 

felony of the second degree. If the offender violates division (B)(2), (3), or (4) of this section 

and the offender also is convicted of or pleads guilty to a specification as described in 

section 2941.1422 of the Revised Code that was included in the indictment, count in the 

indictment, or information charging the offense, the court shall sentence the offender to a 

mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code 

and shall order the offender to make restitution as provided in division (B)(8) of 

section 2929.18 of the Revised Code. If the offender violates division (B)(6) of this section 

and the drug involved is methamphetamine, the court shall impose a mandatory prison term 

on the offender as follows: 

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(a) If the violation is a violation of division (B)(6) of this section that is a felony of the 

third degree under division (E)(3) of this section and the drug involved is 

methamphetamine, except as otherwise provided in this division, the court shall impose as 

a mandatory prison term one of the prison terms prescribed for a felony of the third degree 

that is not less than two years. If the violation is a violation of division (B)(6) of this 

section that is a felony of the third degree under division (E)(3) of this section, if the drug 

involved is methamphetamine, and if the offender previously has been convicted of or 

pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of 

section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of 

the Revised Code, the court shall impose as a mandatory prison term one of the prison 

terms prescribed for a felony of the third degree that is not less than five years. 

(b) If the violation is a violation of division (B)(6) of this section that is a felony of the 

second degree under division (E)(3) of this section and the drug involved is 

methamphetamine, except as otherwise provided in this division, the court shall impose as 

a mandatory prison term one of the definite prison terms prescribed for a felony of the 

second degree in division (A)(2)(b) of section 2929.14 of the Revised Code that is not less 

than three years, except that if the violation is committed on or after the effective date of 

this amendment, the court shall impose as the minimum prison term for the offense a 

mandatory prison term that is one of the minimum terms prescribed for a felony of the 

second degree in division (A)(2)(a) of that section that is not less than three years. If the 

violation is a violation of division (B)(6) of this section that is a felony of the second 

degree under division (E)(3) of this section, if the drug involved is methamphetamine, and 

if the offender previously has been convicted of or pleaded guilty to a violation of division 

(B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, 

or a violation of division (A) of section 2925.041 of the Revised Code, the court shall 

impose as a mandatory prison term one of the definite prison terms prescribed for a felony 

of the second degree in division (A)(2)(b) of section 2929.14 of the Revised Code that is 

not less than five years, except that if the violation is committed on or after the effective 

date of this amendment, the court shall impose as the minimum prison term for the offense 

a mandatory prison term that is one of the terms prescribed for a felony of the second 

degree in division (A)(2)(a) of that section that is not less than five years. 

(4) If the offender violates division (B)(5) of this section, endangering children is a felony of 

the second degree. If the offender also is convicted of or pleads guilty to a specification as 

described in section 2941.1422 of the Revised Code that was included in the indictment, 

count in the indictment, or information charging the offense, the court shall sentence the 

offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the 

Revised Code and shall order the offender to make restitution as provided in division (B)(8) 

of section 2929.18 of the Revised Code. 

(5) If the offender violates division (C) of this section, the offender shall be punished as 

follows: 

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(a) Except as otherwise provided in division (E)(5)(b) or (c) of this section, endangering 

children in violation of division (C) of this section is a misdemeanor of the first degree. 

(b) If the violation results in serious physical harm to the child involved or the offender 

previously has been convicted of an offense under this section or any offense involving 

neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, 

except as otherwise provided in division (E)(5)(c) of this section, endangering children in 

violation of division (C) of this section is a felony of the fifth degree. 

(c) If the violation results in serious physical harm to the child involved and if the offender 

previously has been convicted of a violation of division (C) of this section, 

section 2903.06 or 2903.08 of the Revised Code, section 2903.07 of the Revised Code as it 

existed prior to March 23, 2000, or section 2903.04 of the Revised Code in a case in which 

the offender was subject to the sanctions described in division (D) of that section, 

endangering children in violation of division (C) of this section is a felony of the fourth 

degree. 

(d) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it 

imposes upon the offender pursuant to division (E)(5)(a), (b), or (c) of this section or 

pursuant to any other provision of law and in addition to any suspension of the offender's 

driver's or commercial driver's license or permit or nonresident operating privilege under 

Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of 

law, the court also may impose upon the offender a class seven suspension of the 

offender's driver's or commercial driver's license or permit or nonresident operating 

privilege from the range specified in division (A)(7) of section 4510.02 of the Revised 

Code. 

(e) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction 

imposed upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this section or 

pursuant to any other provision of law for the violation of division (C) of this section, if as 

part of the same trial or proceeding the offender also is convicted of or pleads guilty to a 

separate charge charging the violation of division (A) of section 4511.19 of the Revised 

Code that was the basis of the charge of the violation of division (C) of this section, the 

offender also shall be sentenced in accordance with section 4511.19 of the Revised Code 

for that violation of division (A) of section 4511.19 of the Revised Code. 

(F)(1)(a) A court may require an offender to perform not more than two hundred hours of 

supervised community service work under the authority of an agency, subdivision, or charitable 

organization. The requirement shall be part of the community control sanction or sentence of the 

offender, and the court shall impose the community service in accordance with and subject to 

divisions (F)(1)(a) and (b) of this section. The court may require an offender whom it requires to 

perform supervised community service work as part of the offender's community control 

sanction or sentence to pay the court a reasonable fee to cover the costs of the offender's 

participation in the work, including, but not limited to, the costs of procuring a policy or policies 

of liability insurance to cover the period during which the offender will perform the work. If the 

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court requires the offender to perform supervised community service work as part of the 

offender's community control sanction or sentence, the court shall do so in accordance with the 

following limitations and criteria: 

(i) The court shall require that the community service work be performed after 

completion of the term of imprisonment or jail term imposed upon the offender for the 

violation of division (C) of this section, if applicable. 

(ii) The supervised community service work shall be subject to the limitations set forth 

in divisions (B)(1), (2), and (3) of section 2951.02 of the Revised Code. 

(iii) The community service work shall be supervised in the manner described in 

division (B)(4) of section 2951.02 of the Revised Code by an official or person with the 

qualifications described in that division. The official or person periodically shall report 

in writing to the court concerning the conduct of the offender in performing the work. 

(iv) The court shall inform the offender in writing that if the offender does not 

adequately perform, as determined by the court, all of the required community service 

work, the court may order that the offender be committed to a jail or workhouse for a 

period of time that does not exceed the term of imprisonment that the court could have 

imposed upon the offender for the violation of division (C) of this section, reduced by 

the total amount of time that the offender actually was imprisoned under the sentence or 

term that was imposed upon the offender for that violation and by the total amount of 

time that the offender was confined for any reason arising out of the offense for which 

the offender was convicted and sentenced as described in sections 

2949.08 and 2967.191 of the Revised Code, and that, if the court orders that the 

offender be so committed, the court is authorized, but not required, to grant the offender 

credit upon the period of the commitment for the community service work that the 

offender adequately performed. 

(b) If a court, pursuant to division (F)(1)(a) of this section, orders an offender to perform 

community service work as part of the offender's community control sanction or sentence 

and if the offender does not adequately perform all of the required community service 

work, as determined by the court, the court may order that the offender be committed to a 

jail or workhouse for a period of time that does not exceed the term of imprisonment that 

the court could have imposed upon the offender for the violation of division (C) of this 

section, reduced by the total amount of time that the offender actually was imprisoned 

under the sentence or term that was imposed upon the offender for that violation and by the 

total amount of time that the offender was confined for any reason arising out of the 

offense for which the offender was convicted and sentenced as described in 

sections 2949.08 and 2967.191 of the Revised Code. The court may order that a person 

committed pursuant to this division shall receive hour-for-hour credit upon the period of 

the commitment for the community service work that the offender adequately performed. 

No commitment pursuant to this division shall exceed the period of the term of 

imprisonment that the sentencing court could have imposed upon the offender for the 

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violation of division (C) of this section, reduced by the total amount of time that the 

offender actually was imprisoned under that sentence or term and by the total amount of 

time that the offender was confined for any reason arising out of the offense for which the 

offender was convicted and sentenced as described in sections 2949.08 and 2967.191 of 

the Revised Code. 

(2) Division (F)(1) of this section does not limit or affect the authority of the court to suspend 

the sentence imposed upon a misdemeanor offender and place the offender under a 

community control sanction pursuant to section 2929.25 of the Revised Code, to require a 

misdemeanor or felony offender to perform supervised community service work in 

accordance with division (B) of section 2951.02 of the Revised Code, or to place a felony 

offender under a community control sanction. 

(G)(1) If a court suspends an offender's driver's or commercial driver's license or permit or 

nonresident operating privilege under division (E)(5)(d) of this section, the period of the 

suspension shall be consecutive to, and commence after, the period of suspension of the 

offender's driver's or commercial driver's license or permit or nonresident operating privilege that 

is imposed under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other 

provision of law in relation to the violation of division (C) of this section that is the basis of the 

suspension under division (E)(5)(d) of this section or in relation to the violation of division (A) 

of section 4511.19 of the Revised Code that is the basis for that violation of division (C) of this 

section. 

(2) An offender is not entitled to request, and the court shall not grant to the offender, limited 

driving privileges if the offender's license, permit, or privilege has been suspended under 

division (E)(5)(d) of this section and the offender, within the preceding six years, has been 

convicted of or pleaded guilty to three or more violations of one or more of the following: 

(a) Division (C) of this section; 

(b) Any equivalent offense, as defined in section 4511.181 of the Revised Code. 

(H)(1) If a person violates division (C) of this section and if, at the time of the violation, there 

were two or more children under eighteen years of age in the motor vehicle involved in the 

violation, the offender may be convicted of a violation of division (C) of this section for each of 

the children, but the court may sentence the offender for only one of the violations. 

(2)(a) If a person is convicted of or pleads guilty to a violation of division (C) of this 

section but the person is not also convicted of and does not also plead guilty to a separate 

charge charging the violation of division (A) of section 4511.19 of the Revised Code that 

was the basis of the charge of the violation of division (C) of this section, both of the 

following apply: 

(i) For purposes of the provisions of section 4511.19 of the Revised Code that set forth 

the penalties and sanctions for a violation of division (A) of section 4511.19 of the 

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Revised Code, the conviction of or plea of guilty to the violation of division (C) of this 

section shall not constitute a violation of division (A) of section 4511.19 of the Revised 

Code; 

(ii) For purposes of any provision of law that refers to a conviction of or plea of guilty 

to a violation of division (A) of section 4511.19 of the Revised Code and that is not 

described in division (H)(2)(a)(i) of this section, the conviction of or plea of guilty to 

the violation of division (C) of this section shall constitute a conviction of or plea of 

guilty to a violation of division (A) of section 4511.19 of the Revised Code. 

(b) If a person is convicted of or pleads guilty to a violation of division (C) of this section 

and the person also is convicted of or pleads guilty to a separate charge charging the 

violation of division (A) of section 4511.19 of the Revised Code that was the basis of the 

charge of the violation of division (C) of this section, the conviction of or plea of guilty to 

the violation of division (C) of this section shall not constitute, for purposes of any 

provision of law that refers to a conviction of or plea of guilty to a violation of division (A) 

of section 4511.19 of the Revised Code, a conviction of or plea of guilty to a violation of 

division (A) of section 4511.19 of the Revised Code. 

(I) As used in this section: 

(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised 

Code; 

(2) "Limited driving privileges" has the same meaning as in section 4501.01 of the Revised 

Code; 

(3) "Methamphetamine" has the same meaning as in section 2925.01 of the Revised Code. 

OHIO REV. CODE ANN. 2929.14. PRISON TERMS 

(A) Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), 

(B)(9), (B)(10), (E), (G), (H), (J), or (K) of this section or in division (D)(6) of section 2919.25 

of the Revised Code and except in relation to an offense for which a sentence of death or life 

imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony 

elects or is required to impose a prison term on the offender pursuant to this chapter, the court 

shall impose a prison term that shall be one of the following: 

(1)(a) For a felony of the first degree committed on or after the effective date of this 

amendment, the prison term shall be an indefinite prison term with a stated minimum term 

selected by the court of three, four, five, six, seven, eight, nine, ten, or eleven years and a 

maximum term that is determined pursuant to section 2929.144 of the Revised Code, except 

that if the section that criminalizes the conduct constituting the felony specifies a different 

minimum term or penalty for the offense, the specific language of that section shall control in 

determining the minimum term or otherwise sentencing the offender but the minimum term or 

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sentence imposed under that specific language shall be considered for purposes of the Revised 

Code as if it had been imposed under this division. 

(b) For a felony of the first degree committed prior to the effective date of this amendment, 

the prison term shall be a definite prison term of three, four, five, six, seven, eight, nine, 

ten, or eleven years. 

(2)(a) For a felony of the second degree committed on or after the effective date of this 

amendment, the prison term shall be an indefinite prison term with a stated minimum term 

selected by the court of two, three, four, five, six, seven, or eight years and a maximum term 

that is determined pursuant to section 2929.144 of the Revised Code, except that if the section 

that criminalizes the conduct constituting the felony specifies a different minimum term or 

penalty for the offense, the specific language of that section shall control in determining the 

minimum term or otherwise sentencing the offender but the minimum term or sentence 

imposed under that specific language shall be considered for purposes of the Revised Code as 

if it had been imposed under this division. 

(b) For a felony of the second degree committed prior to the effective date of this 

amendment, the prison term shall be a definite term of two, three, four, five, six, seven, or 

eight years. 

(3)(a) For a felony of the third degree that is a violation of section 2903.06, 2903.08, 2907.03, 

2907.04, 2907.05, 2907.321, 2907.322, 2907.323, or 3795.04 of the Revised Code or that is a 

violation of section 2911.02 or 2911.12 of the Revised Code if the offender previously has 

been convicted of or pleaded guilty in two or more separate proceedings to two or more 

violations of section 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, the prison 

term shall be a definite term of twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, 

forty-eight, fifty-four, or sixty months. 

(b) For a felony of the third degree that is not an offense for which division (A)(3)(a) of 

this section applies, the prison term shall be a definite term of nine, twelve, eighteen, 

twenty-four, thirty, or thirty-six months. 

(4) For a felony of the fourth degree, the prison term shall be a definite term of six, seven, 

eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen 

months. 

(5) For a felony of the fifth degree, the prison term shall be a definite term of six, seven, eight, 

nine, ten, eleven, or twelve months. 

(B)(1)(a) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted 

of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type 

described in section 2941.141, 2941.144, or 2941.145 of the Revised Code, the court shall 

impose on the offender one of the following prison terms: 

(i) A prison term of six years if the specification is of the type described in division (A) 

of section 2941.144 of the Revised Code that charges the offender with having a firearm 

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that is an automatic firearm or that was equipped with a firearm muffler or suppressor 

on or about the offender’s person or under the offender’s control while committing the 

offense; 

(ii) A prison term of three years if the specification is of the type described in division 

(A) of section 2941.145 of the Revised Code that charges the offender with having a 

firearm on or about the offender’s person or under the offender’s control while 

committing the offense and displaying the firearm, brandishing the firearm, indicating 

that the offender possessed the firearm, or using it to facilitate the offense; 

(iii) A prison term of one year if the specification is of the type described in division 

(A) of section 2941.141 of the Revised Code that charges the offender with having a 

firearm on or about the offender’s person or under the offender’s control while 

committing the offense; 

(iv) A prison term of nine years if the specification is of the type described in division 

(D) of section 2941.144 of the Revised Code that charges the offender with having a 

firearm that is an automatic firearm or that was equipped with a firearm muffler or 

suppressor on or about the offender’s person or under the offender’s control while 

committing the offense and specifies that the offender previously has been convicted of 

or pleaded guilty to a specification of the type described in section 2941.141, 2941.144, 

2941.145, 2941.146, or 2941.1412 of the Revised Code; 

(v) A prison term of fifty-four months if the specification is of the type described in 

division (D) of section 2941.145 of the Revised Code that charges the offender with 

having a firearm on or about the offender’s person or under the offender’s control while 

committing the offense and displaying the firearm, brandishing the firearm, indicating 

that the offender possessed the firearm, or using the firearm to facilitate the offense and 

that the offender previously has been convicted of or pleaded guilty to a specification of 

the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of 

the Revised Code; 

(vi) A prison term of eighteen months if the specification is of the type described in 

division (D) of section 2941.141 of the Revised Code that charges the offender with 

having a firearm on or about the offender’s person or under the offender’s control while 

committing the offense and that the offender previously has been convicted of or 

pleaded guilty to a specification of the type described in section 2941.141, 2941.144, 

2941.145, 2941.146, or 2941.1412 of the Revised Code. 

(b) If a court imposes a prison term on an offender under division (B)(1)(a) of this section, 

the prison term shall not be reduced pursuant to section 2967.19, section 2929.20, section 

2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. 

Except as provided in division (B)(1)(g) of this section, a court shall not impose more than 

one prison term on an offender under division (B)(1)(a) of this section for felonies 

committed as part of the same act or transaction. 

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(c)(i) Except as provided in division (B)(1)(e) of this section, if an offender who is 

convicted of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a 

felony that includes, as an essential element, purposely or knowingly causing or attempting 

to cause the death of or physical harm to another, also is convicted of or pleads guilty to a 

specification of the type described in division (A) of section 2941.146 of the Revised Code 

that charges the offender with committing the offense by discharging a firearm from a 

motor vehicle other than a manufactured home, the court, after imposing a prison term on 

the offender for the violation of section 2923.161 of the Revised Code or for the other 

felony offense under division (A), (B)(2), or (B)(3) of this section, shall impose an 

additional prison term of five years upon the offender that shall not be reduced pursuant to 

section 2929.20, section 2967.19, section 2967.193, or any other provision of Chapter 

2967 or Chapter 5120 of the Revised Code. 

(ii) Except as provided in division (B)(1)(e) of this section, if an offender who is 

convicted of or pleads guilty to a violation of section 2923.161 of the Revised Code or 

to a felony that includes, as an essential element, purposely or knowingly causing or 

attempting to cause the death of or physical harm to another, also is convicted of or 

pleads guilty to a specification of the type described in division (C) of section 2941.146 

of the Revised Code that charges the offender with committing the offense by 

discharging a firearm from a motor vehicle other than a manufactured home and that the 

offender previously has been convicted of or pleaded guilty to a specification of the 

type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the 

Revised Code, the court, after 8 imposing a prison term on the offender for the violation 

of section 2923.161 of the Revised Code or for the other felony offense under division 

(A), (B)(2), or (3) of this section, shall impose an additional prison term of ninety 

months upon the offender that shall not be reduced pursuant to section 2929.20, 

2967.19, 2967.193, or any other provision of Chapter 2967 or Chapter 5120 of the 

Revised Code. 

(iii) A court shall not impose more than one additional prison term on an offender under 

division (B)(1)(c) of this section for felonies committed as part of the same act or 

transaction. If a court imposes an additional prison term on an offender under division 

(B)(1)(c) of this section relative to an offense, the court also shall impose a prison term 

under division (B)(1)(a) of this section relative to the same offense, provided the criteria 

specified in that division for imposing an additional prison term are satisfied relative to 

the offender and the offense. 

(d) If an offender who is convicted of or pleads guilty to an offense of violence that is a 

felony also is convicted of or pleads guilty to a specification of the type described in 

section 2941.1411 of the Revised Code that charges the offender with wearing or carrying 

body armor while committing the felony offense of violence, the court shall impose on the 

offender an additional prison term of two years. The prison term so imposed, subject to 

divisions (C) to (I) of section 2967.19 of the Revised Code, shall not be reduced pursuant 

to section 2929.20, section 2967.19, section 2967.193, or any other provision of Chapter 

2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one 

prison term on an offender under division (B)(1)(d) of this section for felonies committed 

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as part of the same act or transaction. If a court imposes an additional prison term under 

division (B)(1)(a) or (c) of this section, the court is not precluded from imposing an 

additional prison term under division (B)(1)(d) of this section. 

(e) The court shall not impose any of the prison terms described in division (B)(1)(a) of 

this section or any of the additional prison terms described in division (B)(1)(c) of this 

section upon an offender for a violation of section 2923.12 or 2923.123 of the Revised 

Code. The court shall not impose any of the prison terms described in division (B)(1)(a) or 

(b) of this section upon an offender for a violation of section 2923.122 that involves a 

deadly weapon that is a firearm other than a dangerous ordnance, section 2923.16, or 

section 2923.121 of the Revised Code. The court shall not impose any of the prison terms 

described in division (B)(1)(a) of this section or any of the additional prison terms 

described in division (B)(1)(c) of this section upon an offender for a violation of section 

2923.13 of the Revised Code unless all of the following apply: 

(i) The offender previously has been convicted of aggravated murder, murder, or any 

felony of the first or second degree. 

(ii) Less than five years have passed since the offender was released from prison or 

post-release control, whichever is later, for the prior offense. 

(f)(i) If an offender is convicted of or pleads guilty to a felony that includes, as an essential 

element, causing or attempting to cause the death of or physical harm to another and also is 

convicted of or pleads guilty to a specification of the type described in division (A) of 

section 2941.1412 of the Revised Code that charges the offender with committing the 

offense by discharging a firearm at a peace officer as defined in section 2935.01 of the 

Revised Code or a corrections officer, as defined in section 2941.1412 of the Revised 

Code, the court, after imposing a prison term on the offender for the felony offense under 

division (A), (B)(2), or (B)(3) of this section, shall impose an additional 9 prison term of 

seven years upon the offender that shall not be reduced pursuant to section 2929.20, 

section 2967.19, section 2967.193, or any other provision of Chapter 2967 or Chapter 5120 

of the Revised Code. 

(ii) If an offender is convicted of or pleads guilty to a felony that includes, as an 

essential element, causing or attempting to cause the death of or physical harm to 

another and also is convicted of or pleads guilty to a specification of the type described 

in division (B) of section 2941.1412 of the Revised Code that charges the offender with 

committing the offense by discharging a firearm at a peace officer, as defined in section 

2935.01 of the Revised Code, or a corrections officer, as defined in section 2941.1412 

of the Revised Code, and that the offender previously has been convicted of or pleaded 

guilty to a specification of the type described in section 2941.141, 2941.144, 2941.145, 

2941.146, or 2941.1412 of the Revised Code, the court, after imposing a prison term on 

the offender for the felony offense under division (A), (B)(2), or (3) of this section, shall 

impose an additional prison term of one hundred twenty-six months upon the offender 

that shall not be reduced pursuant to section 2929.20, 2967.19, 2967.193, or any other 

provision of Chapter 2967 or 5120 of the Revised Code. 

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(iii) If an offender is convicted of or pleads guilty to two or more felonies that include, 

as an essential element, causing or attempting to cause the death or physical harm to 

another and also is convicted of or pleads guilty to a specification of the type described 

under division (B)(1)(f) of this section in connection with two or more of the felonies of 

which the offender is convicted or to which the offender pleads guilty, the sentencing 

court shall impose on the offender the prison term specified under division (B)(1)(f) of 

this section for each of two of the specifications of which the offender is convicted or to 

which the offender pleads guilty and, in its discretion, also may impose on the offender 

the prison term specified under that division for any or all of the remaining 

specifications. If a court imposes an additional prison term on an offender under 

division (B)(1)(f) of this section relative to an offense, the court shall not impose a 

prison term under division (B)(1)(a) or (c) of this section relative to the same offense. 

(g) If an offender is convicted of or pleads guilty to two or more felonies, if one or more of 

those felonies are aggravated murder, murder, attempted aggravated murder, attempted 

murder, aggravated robbery, felonious assault, or rape, and if the offender is convicted of 

or pleads guilty to a specification of the type described under division (B)(1)(a) of this 

section in connection with two or more of the felonies, the sentencing court shall impose 

on the offender the prison term specified under division (B)(1)(a) of this section for each of 

the two most serious specifications of which the offender is convicted or to which the 

offender pleads guilty and, in its discretion, also may impose on the offender the prison 

term specified under that division for any or all of the remaining specifications. 

(2)(a) If division (B)(2)(b) of this section does not apply, the court may impose on an 

offender, in addition to the longest prison term authorized or required for the offense or, for 

offenses for which division (A)(1)(a) or (2)(a) of this section applies, in addition to the 

longest minimum prison term authorized or required for the offense, an additional definite 

prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the 

following criteria are met: 

(i) The offender is convicted of or pleads guilty to a specification of the type described 

in section 2941.149 of the Revised Code that the offender is a repeat violent offender. 

(ii) The offense of which the offender currently is convicted or to which the offender 

currently pleads guilty is aggravated murder and the court does not impose a sentence of 

death or life imprisonment without parole, murder, terrorism and the court does not 

impose a sentence of life imprisonment without parole, any felony of the first degree 

that is an offense of violence and the court does not impose a sentence of life 

imprisonment without parole, or any felony of the second degree that is an offense of 

violence and the trier of fact finds that the offense involved an attempt to cause or a 

threat to cause serious physical harm to a person or resulted in serious physical harm to 

a person. 

(iii) The court imposes the longest prison term for the offense or the longest minimum 

prison term for the offense, whichever is applicable, that is not life imprisonment 

without parole. 

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(iv) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii) of 

this section and, if applicable, division (B)(1) or (3) of this section are inadequate to 

punish the offender and protect the public from future crime, because the applicable 

factors under section 2929.12 of the Revised Code indicating a greater likelihood of 

recidivism outweigh the applicable factors under that section indicating a lesser 

likelihood of recidivism. 

(v) The court finds that the prison terms imposed pursuant to division (B)(2)(a)(iii) of 

this section and, if applicable, division (B)(1) or (3) of this section are demeaning to the 

seriousness of the offense, because one or more of the factors under section 2929.12 of 

the Revised Code indicating that the offender’s conduct is more serious than conduct 

normally constituting the offense are present, and they outweigh the applicable factors 

under that section indicating that the offender’s conduct is less serious than conduct 

normally constituting the offense. 

(b) The court shall impose on an offender the longest prison term authorized or required 

for the offense or, for offenses for which division (A)(1)(a) or (2)(a) of this section applies, 

the longest minimum prison term authorized or required for the offense, and shall impose 

on the offender an additional definite prison term of one, two, three, four, five, six, seven, 

eight, nine, or ten years if all of the following criteria are met: 

(i) The offender is convicted of or pleads guilty to a specification of the type described 

in section 2941.149 of the Revised Code that the offender is a repeat violent offender. 

(ii) The offender within the preceding twenty years has been convicted of or pleaded 

guilty to three or more offenses described in division (CC)(1) of section 2929.01 of the 

Revised Code, including all offenses described in that division of which the offender is 

convicted or to which the offender pleads guilty in the current prosecution and all 

offenses described in that division of which the offender previously has been convicted 

or to which the offender previously pleaded guilty, whether prosecuted together or 

separately. 

(iii) The offense or offenses of which the offender currently is convicted or to which the 

offender currently pleads guilty is aggravated murder and the court does not impose a 

sentence of death or life imprisonment without parole, murder, terrorism and the court 

does not impose a sentence of life imprisonment without parole, any felony of the first 

degree that is an offense of violence and the court does not impose a sentence of life 

imprisonment without parole, or any felony of the second degree that is an offense of 

violence and the trier of fact finds that the offense involved an attempt to cause or a 

threat to cause serious physical harm to a person or resulted in serious physical harm to 

a person. 

(c) For purposes of division (B)(2)(b) of this section, two or more offenses committed at 

the same time or as part of the same act or event shall be considered one offense, and that 

one offense shall be the offense with the greatest penalty. 

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(d) A sentence imposed under division (B)(2)(a) or (b) of this section shall not be reduced 

pursuant to section 2929.20, section 2967.19, or section 2967.193, or any other provision 

of Chapter 2967 or Chapter 5120 of the Revised Code. The offender shall serve an 

additional prison term imposed under division (B)(2)(a) or (b) of this section consecutively 

to and prior to the prison term imposed for the underlying offense. 

(e) When imposing a sentence pursuant to division (B)(2)(a) or (b) of this section, the court 

shall state its findings explaining the imposed sentence. 

(3) Except when an offender commits a violation of section 2903.01 or 2907.02 of the 

Revised Code and the penalty imposed for the violation is life imprisonment or commits a 

violation of section 2903.02 of the Revised Code, if the offender commits a violation of 

section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a 

major drug offender, if the offender commits a felony violation of section 2925.02, 2925.04, 

2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, division (C) or 

(D) of section 3719.172, division (E) of section 4729.51, or division (J) of section 4729.54 of 

the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II 

controlled substance, with the exception of marihuana, and the court imposing sentence upon 

the offender finds that the offender is guilty of a specification of the type described in section 

2941.1410 of the Revised Code charging that the offender is a major drug offender, if the 

court imposing sentence upon an offender for a felony finds that the offender is guilty of 

corrupt activity with the most serious offense in the pattern of corrupt activity being a felony 

of the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of 

the Revised Code and, had the offender completed the violation of section 2907.02 of the 

Revised Code that was attempted, the offender would have been subject to a sentence of life 

imprisonment or life imprisonment without parole for the violation of section 2907.02 of the 

Revised Code, the court shall impose upon the offender for the felony violation a mandatory 

prison term determined as described in this division that, subject to divisions (C) to (I) of 

section 2967.19 of the Revised Code, cannot be reduced pursuant to section 2929.20, section 

2967.19, or any other provision of Chapter 2967 or 5120 of the Revised Code. The mandatory 

prison term shall be the maximum definite prison term prescribed in division (A)(1)(b) of this 

section for a felony of the first degree, except that for offenses for which division (A)(1)(a) of 

this section applies, the mandatory prison term shall be the longest minimum prison term 

prescribed in that division for the offense. 

(4) If the offender is being sentenced for a third or fourth degree felony OVI offense under 

division (G)(2) of section 2929.13 of the Revised Code, the sentencing court shall impose 

upon the offender a mandatory prison term in accordance with that division. In addition to the 

mandatory prison term, if the offender is being sentenced for a fourth degree felony OVI 

offense, the court, notwithstanding division (A)(4) of this section, may sentence the offender 

to a definite prison term of not less than six months and not more than thirty months, and if 

the offender is being sentenced for a third degree felony OVI offense, the sentencing court 

may sentence the offender to an additional prison term of any duration specified in division 

(A)(3) of this section. In either case, the additional 2 prison term imposed shall be reduced by 

the sixty or one hundred twenty days imposed upon the offender as the mandatory prison 

term. The total of the additional prison term imposed under division (B)(4) of this section plus 

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the sixty or one hundred twenty days imposed as the mandatory prison term shall equal a 

definite term in the range of six months to thirty months for a fourth degree felony OVI 

offense and shall equal one of the authorized prison terms specified in division (A)(3) of this 

section for a third degree felony OVI offense. If the court imposes an additional prison term 

under division (B)(4) of this section, the offender shall serve the additional prison term after 

the offender has served the mandatory prison term required for the offense. In addition to the 

mandatory prison term or mandatory and additional prison term imposed as described in 

division (B)(4) of this section, the court also may sentence the offender to a community 

control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall 

serve all of the prison terms so imposed prior to serving the community control sanction. 

If the offender is being sentenced for a fourth degree felony OVI offense under division (G) 

(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local 

incarceration, the court may impose a prison term as described in division (A)(1) of that 

section. 

(5) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of 

section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a 

specification of the type described in section 2941.1414 of the Revised Code that charges that 

the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, 

or an investigator of the bureau of criminal identification and investigation, as defined in 

section 2903.11 of the Revised Code, the court shall impose on the offender a prison term of 

five years. If a court imposes a prison term on an offender under division (B)(5) of this 

section, the prison term, subject to divisions (C) to (I) of section 2967.19 of the Revised Code, 

shall not be reduced pursuant to section 2929.20, section 2967.19, section 2967.193, or any 

other provision of Chapter 2967 or Chapter 5120 of the Revised Code. A court shall not 

impose more than one prison term on an offender under division (B)(5) of this section for 

felonies committed as part of the same act. 

(6) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of 

section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a 

specification of the type described in section 2941.1415 of the Revised Code that charges that 

the offender previously has been convicted of or pleaded guilty to three or more violations of 

division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as 

defined in section 2941.1415 of the Revised Code, or three or more violations of any 

combination of those divisions and offenses, the court shall impose on the offender a prison 

term of three years. If a court imposes a prison term on an offender under division (B)(6) of 

this section, the prison term, subject to divisions (C) to (I) of section 2967.19 of the Revised 

Code, shall not be reduced pursuant to section 2929.20, section 2967.19, section 2967.193, or 

any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not 

impose more than one prison term on an offender under division (B)(6) of this section for 

felonies committed as part of the same act. 

(7)(a) If an offender is convicted of or pleads guilty to a felony violation of section 2905.01, 

2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323 involving a 

minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code and also 

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is convicted of or pleads guilty to a specification of the type described in section 2941.1422 of 

the Revised Code that 3 charges that the offender knowingly committed the offense in 

furtherance of human trafficking, the court shall impose on the offender a mandatory prison 

term that is one of the following: 

(i) If the offense is a felony of the first degree, a definite prison term of not less than 

five years and not greater than eleven years, except that if the offense is a felony of the 

first degree committed on or after the effective date of this amendment, the court shall 

impose as the minimum prison term a mandatory term of not less than five years and 

not greater than eleven years; 

(ii) If the offense is a felony of the second or third degree, a definite prison term of not 

less than three years and not greater than the maximum prison term allowed for the 

offense by division (A)(2)(b) or (3) of this section, except that if the offense is a felony 

of the second degree committed on or after the effective date of this amendment, the 

court shall impose as the minimum prison term a mandatory term of not less than three 

years and not greater than eight years; 

(iii) If the offense is a felony of the fourth or fifth degree, a definite prison term that is 

the maximum prison term allowed for the offense by division (A) of section 2929.14 of 

the Revised Code. 

(b) Subject to divisions (C) to (I) of section 2967.19 of the Revised Code, the prison term 

imposed under division (B)(7)(a) of this section shall not be reduced pursuant to section 

2929.20, section 2967.19, section 2967.193, or any other provision of Chapter 2967 of the 

Revised Code. A court shall not impose more than one prison term on an offender under 

division (B)(7)(a) of this section for felonies committed as part of the same act, scheme, or 

plan. 

(8) If an offender is convicted of or pleads guilty to a felony violation of section 2903.11, 

2903.12, or 2903.13 of the Revised Code and also is convicted of or pleads guilty to a 

specification of the type described in section 2941.1423 of the Revised Code that charges that 

the victim of the violation was a woman whom the offender knew was pregnant at the time of 

the violation, notwithstanding the range prescribed in division (A) of this section as the 

definite prison term or minimum prison term for felonies of the same degree as the violation, 

the court shall impose on the offender a mandatory prison term that is either a definite prison 

term of six months or one of the prison terms prescribed in division (A) of this section for 

felonies of the same degree as the violation, except that if the violation is a felony of the first 

or second degree committed on or after the effective date of this amendment, the court shall 

impose as the minimum prison term under division (A)(1)(a) or (2)(a) of this section a 

mandatory term that is one of the terms prescribed in that division, whichever is applicable, 

for the offense. 

(9)(a) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of 

section 2903.11 of the Revised Code and also is convicted of or pleads guilty to a 

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specification of the type described in section 2941.1425 of the Revised Code, the court shall 

impose on the offender a mandatory prison term of six years if either of the following applies: 

(i) The violation is a violation of division (A)(1) of section 2903.11 of the Revised Code 

and the specification charges that the offender used an accelerant in committing the 

violation and the serious physical harm to another or to another’s unborn caused by the 

violation resulted in a permanent, serious disfigurement or permanent, substantial 

incapacity; 

(ii) The violation is a violation of division (A)(2) of section 2903.11 of the Revised 

Code and the specification charges that the offender used an accelerant in committing 

the violation, that the 4 violation caused physical harm to another or to another’s 

unborn, and that the physical harm resulted in a permanent, serious disfigurement or 

permanent, substantial incapacity. 

(b) If a court imposes a prison term on an offender under division (B)(9)(a) of this section, 

the prison term shall not be reduced pursuant to section 2929.20, section 2967.19, section 

2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. 

A court shall not impose more than one prison term on an offender under division (B)(9) of 

this section for felonies committed as part of the same act. 

(c) The provisions of divisions (B)(9) and (C)(6) of this section and of division (D)(2) of 

section 2903.11, division (F)(20) of section 2929.13, and section 2941.1425 of the Revised 

Code shall be known as “Judy’s Law.” 

(10) If an offender is convicted of or pleads guilty to a violation of division (A) of section 

2903.11 of the Revised Code and also is convicted of or pleads guilty to a specification of the 

type described in section 2941.1426 of the Revised Code that charges that the victim of the 

offense suffered permanent disabling harm as a result of the offense and that the victim was 

under ten years of age at the time of the offense, regardless of whether the offender knew the 

age of the victim, the court shall impose upon the offender an additional definite prison term 

of six years. A prison term imposed on an offender under division (B)(10) of this section shall 

not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of 

Chapter 2967 or Chapter 5120 of the Revised Code. If a court imposes an additional prison 

term on an offender under this division relative to a violation of division (A) of section 

2903.11 of the Revised Code, the court shall not impose any other additional prison term on 

the offender relative to the same offense. 

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a mandatory prison term is imposed 

upon an offender pursuant to division (B)(1)(a) of this section for having a firearm on or about 

the offender’s person or under the offender’s control while committing a felony, if a mandatory 

prison term is imposed upon an offender pursuant to division (B)(1)(c) of this section for 

committing a felony specified in that division by discharging a firearm from a motor vehicle, or 

if both types of mandatory prison terms are imposed, the offender shall serve any mandatory 

prison term imposed under either division consecutively to any other mandatory prison term 

imposed under either division or under division (B)(1)(d) of this section, consecutively to and 

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prior to any prison term imposed for the underlying felony pursuant to division (A), (B)(2), or 

(B)(3) of this section or any other section of the Revised Code, and consecutively to any other 

prison term or mandatory prison term previously or subsequently imposed upon the offender. 

(b) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(d) 

of this section for wearing or carrying body armor while committing an offense of violence 

that is a felony, the offender shall serve the mandatory term so imposed consecutively to 

any other mandatory prison term imposed under that division or under division (B)(1)(a) or 

(c) of this section, consecutively to and prior to any prison term imposed for the underlying 

felony under division (A), (B)(2), or (B)(3) of this section or any other section of the 

Revised Code, and consecutively to any other prison term or mandatory prison term 

previously or subsequently imposed upon the offender. 

(c) If a mandatory prison term is imposed upon an offender pursuant to division (B)(1)(f) 

of this section, the offender shall serve the mandatory prison term so imposed 

consecutively to and prior to any prison term imposed for the underlying felony under 

division (A), (B)(2), or (B)(3) of this section or any other section of the Revised Code, and 

consecutively to any other prison term or mandatory prison term previously or 

subsequently imposed upon the offender. 

(d) If a mandatory prison term is imposed upon an offender pursuant to division (B)(7) or 

(8) of this section, the offender shall serve the mandatory prison term so imposed 

consecutively to any other mandatory prison term imposed under that division or under any 

other provision of law and consecutively to any other prison term or mandatory prison 

term previously or subsequently imposed upon the offender. 

(2) If an offender who is an inmate in a jail, prison, or other residential detention facility 

violates section 2917.02, 2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) of 

section 2921.34 of the Revised Code, if an offender who is under detention at a detention 

facility commits a felony violation of section 2923.131 of the Revised Code, or if an offender 

who is an inmate in a jail, 5 prison, or other residential detention facility or is under detention 

at a detention facility commits another felony while the offender is an escapee in violation of 

division (A)(1) or (2) of section 2921.34 of the Revised Code, any prison term imposed upon 

the offender for one of those violations shall be served by the offender consecutively to the 

prison term or term of imprisonment the offender was serving when the offender committed 

that offense and to any other prison term previously or subsequently imposed upon the 

offender. 

(3) If a prison term is imposed for a violation of division (B) of section 2911.01 of the 

Revised Code, a violation of division (A) of section 2913.02 of the Revised Code in which the 

stolen property is a firearm or dangerous ordnance, or a felony violation of division (B) of 

section 2921.331 of the Revised Code, the offender shall serve that prison term consecutively 

to any other prison term or mandatory prison term previously or subsequently imposed upon 

the offender. 

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(4) If multiple prison terms are imposed on an offender for convictions of multiple offenses, 

the court may require the offender to serve the prison terms consecutively if the court finds 

that the consecutive service is necessary to protect the public from future crime or to punish 

the offender and that consecutive sentences are not disproportionate to the seriousness of the 

offender’s conduct and to the danger the offender poses to the public, and if the court also 

finds any of the following: 

(a) The offender committed one or more of the multiple offenses while the offender was 

awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 

2929.17, or 2929.18 of the Revised Code, or was under post-release control for a prior 

offense. 

(b) At least two of the multiple offenses were committed as part of one or more courses of 

conduct, and the harm caused by two or more of the multiple offenses so committed was so 

great or unusual that no single prison term for any of the offenses committed as part of any 

of the courses of conduct adequately reflects the seriousness of the offender’s conduct. 

(c) The offender’s history of criminal conduct demonstrates that consecutive sentences are 

necessary to protect the public from future crime by the offender. 

(5) If a mandatory prison term is imposed upon an offender pursuant to division (B)(5) or (6) 

of this section, the offender shall serve the mandatory prison term consecutively to and prior 

to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 

2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of 

the Revised Code. If a mandatory prison term is imposed upon an offender pursuant to 

division (B)(5) of this section, and if a mandatory prison term also is imposed upon the 

offender pursuant to division (B)(6) of this section in relation to the same violation, the 

offender shall serve the mandatory prison term imposed pursuant to division (B)(5) of this 

section consecutively to and prior to the mandatory prison term imposed pursuant to division 

(B)(6) of this section and consecutively to and prior to any prison term imposed for the 

underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant 

to division (A) of this section or section 2929.142 of the Revised Code. 

(6) If a mandatory prison term is imposed on an offender pursuant to division (B)(9) of this 

section, the offender shall serve the mandatory prison term consecutively to and prior to any 

prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.11 

of the Revised Code and consecutively to and prior to any other prison term or mandatory 

prison term previously or subsequently imposed on the offender. 

(7) If a mandatory prison term is imposed on an offender pursuant to division (B)(10) of this 

section, the offender shall serve that mandatory prison term consecutively to and prior to any 

prison term imposed for the underlying felonious assault . Except as otherwise provided in 

division (C) of this section, any other prison term or mandatory prison term previously or 

subsequently imposed upon the offender may be served concurrently with, or consecutively 

to, the prison term imposed pursuant to division (B)(10) of this section. 

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(8) When consecutive prison terms are imposed pursuant to division (C)(1), (2), (3), (4), (5), 

(6), or (7) or division (H)(1) or (2) of this section, subject to division (C)(8) of this section, the 

term to be served is the aggregate of all of the terms so imposed. 

(9) When a court sentences an offender to a non-life felony indefinite prison term, any 

definite prison term or mandatory definite prison term previously or subsequently imposed on 

the offender in addition to that indefinite sentence that is required to be served consecutively 

to that indefinite sentence shall be served prior to the indefinite sentence. 

(10) If a court is sentencing an offender for a felony of the first or second degree, if division 

(A)(1)(a) or (2)(a) of this section applies with respect to the sentencing for the offense, and if 

the court is required under the Revised Code section that sets forth the offense or any other 

Revised Code provision to impose a mandatory prison term for the offense, the court shall 

impose the required mandatory prison term as the minimum term imposed under division 

(A)(1)(a) or (2)(a) of this section, whichever is applicable. 

(D)(1) If a court imposes a prison term, other than a term of life imprisonment, for a felony of 

the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the 

third degree that is an offense of violence and that is not a felony sex offense, it shall include in 

the sentence a requirement that the offender be subject to a period of post-release control after 

the offender’s release from imprisonment, in accordance with section 2967.28 of the Revised 

Code. If a court imposes a sentence including a prison term of a type described in this division 

on or after July 11, 2006, the failure of a court to include a post-release control requirement in 

the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory 

period of post-release control that is required for the offender under division (B) of section 

2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 

2006, a court imposed a sentence including a prison term of a type described in this division and 

failed to include in the sentence pursuant to this division a statement regarding post-release 

control. 

(2) If a court imposes a prison term for a felony of the third, fourth, or fifth degree that is not 

subject to division (D)(1) of this section, it shall include in the sentence a requirement that the 

offender be subject to a period of post-release control after the offender’s release from 

imprisonment, in accordance with that division, if the parole board determines that a period of 

post-release control is necessary. Section 2929.191 of the Revised Code applies if, prior to 

July 11, 2006, a court imposed a sentence including a prison term of a type described in this 

division and failed to include in the sentence pursuant to this division a statement regarding 

post-release control. 

(E) The court shall impose sentence upon the offender in accordance with section 2971.03 of the 

Revised Code, and Chapter 2971. of the Revised Code applies regarding the prison term or term 

of life imprisonment without parole imposed upon the offender and the service of that term of 

imprisonment if any of the following apply: 

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(1) A person is convicted of or pleads guilty to a violent sex offense or a designated homicide, 

assault, or kidnapping offense, and, in relation to that offense, the offender is adjudicated a 

sexually violent predator. 

(2) A person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 

2907.02 of the Revised Code committed on or after January 2, 2007, and either the court does 

not impose a sentence of life without parole when authorized pursuant to division (B) of 

section 2907.02 7 of the Revised Code, or division (B) of section 2907.02 of the Revised 

Code provides that the court shall not sentence the offender pursuant to section 2971.03 of the 

Revised Code. 

(3) A person is convicted of or pleads guilty to attempted rape committed on or after January 

2, 2007, and a specification of the type described in section 2941.1418, 2941.1419, or 

2941.1420 of the Revised Code. 

(4) A person is convicted of or pleads guilty to a violation of section 2905.01 of the Revised 

Code committed on or after January 1, 2008, and that section requires the court to sentence 

the offender pursuant to section 2971.03 of the Revised Code. 

(5) A person is convicted of or pleads guilty to aggravated murder committed on or after 

January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 

(C)(1)(a)(v), (C) (2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or 

division (A) or (B) of section 2929.06 of the Revised Code requires the court to sentence the 

offender pursuant to division (B)(3) of section 2971.03 of the Revised Code. 

(6) A person is convicted of or pleads guilty to murder committed on or after January 1, 2008, 

and division (B)(2) of section 2929.02 of the Revised Code requires the court to sentence the 

offender pursuant to section 2971.03 of the Revised Code. 

(F) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a prison 

term or term of imprisonment under this section, sections 2929.02 to 2929.06 of the Revised 

Code, section 2929.142 of the Revised Code, section 2971.03 of the Revised Code, or any other 

provision of law, section 5120.163 of the Revised Code applies regarding the person while the 

person is confined in a state correctional institution. 

(G) If an offender who is convicted of or pleads guilty to a felony that is an offense of violence 

also is convicted of or pleads guilty to a specification of the type described in section 2941.142 

of the Revised Code that charges the offender with having committed the felony while 

participating in a criminal gang, the court shall impose upon the offender an additional prison 

term of one, two, or three years. 

(H)(1) If an offender who is convicted of or pleads guilty to aggravated murder, murder, or a 

felony of the first, second, or third degree that is an offense of violence also is convicted of or 

pleads guilty to a specification of the type described in section 2941.143 of the Revised Code 

that charges the offender with having committed the offense in a school safety zone or towards a 

person in a school safety zone, the court shall impose upon the offender an additional prison term 

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of two years. The offender shall serve the additional two years consecutively to and prior to the 

prison term imposed for the underlying offense. 

(2)(a) If an offender is convicted of or pleads guilty to a felony violation of section 2907.22, 

2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the type 

described in section 2941.1421 of the Revised Code and if the court imposes a prison term on 

the offender for the felony violation, the court may impose upon the offender an additional 

prison term as follows: 

(i) Subject to division (H)(2)(a)(ii) of this section, an additional prison term of one, two, 

three, four, five, or six months; 

(ii) If the offender previously has been convicted of or pleaded guilty to one or more 

felony or misdemeanor violations of section 2907.22, 2907.23, 2907.24, 2907.241, or 

2907.25 of the Revised Code and also was convicted of or pleaded guilty to a 

specification of the type described in 8 section 2941.1421 of the Revised Code 

regarding one or more of those violations, an additional prison term of one, two, three, 

four, five, six, seven, eight, nine, ten, eleven, or twelve months. 

(b) In lieu of imposing an additional prison term under division (H)(2)(a) of this section, 

the court may directly impose on the offender a sanction that requires the offender to wear 

a real-time processing, continual tracking electronic monitoring device during the period of 

time specified by the court. The period of time specified by the court shall equal the 

duration of an additional prison term that the court could have imposed upon the offender 

under division (H)(2)(a) of this section. A sanction imposed under this division shall 

commence on the date specified by the court, provided that the sanction shall not 

commence until after the offender has served the prison term imposed for the felony 

violation of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and any 

residential sanction imposed for the violation under section 2929.16 of the Revised Code. 

A sanction imposed under this division shall be considered to be a community control 

sanction for purposes of section 2929.15 of the Revised Code, and all provisions of the 

Revised Code that pertain to community control sanctions shall apply to a sanction 

imposed under this division, except to the extent that they would by their nature be clearly 

inapplicable. The offender shall pay all costs associated with a sanction imposed under this 

division, including the cost of the use of the monitoring device. 

(I) At the time of sentencing, the court may recommend the offender for placement in a program 

of shock incarceration under section 5120.031 of the Revised Code or for placement in an 

intensive program prison under section 5120.032 of the Revised Code, disapprove placement of 

the offender in a program of shock incarceration or an intensive program prison of that nature, or 

make no recommendation on placement of the offender. In no case shall the department of 

rehabilitation and correction place the offender in a program or prison of that nature unless the 

department determines as specified in section 5120.031 or 5120.032 of the Revised Code, 

whichever is applicable, that the offender is eligible for the placement. 

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If the court disapproves placement of the offender in a program or prison of that nature, the 

department of rehabilitation and correction shall not place the offender in any program of shock 

incarceration or intensive program prison. 

If the court recommends placement of the offender in a program of shock incarceration or in an 

intensive program prison, and if the offender is subsequently placed in the recommended 

program or prison, the department shall notify the court of the placement and shall include with 

the notice a brief description of the placement. 

If the court recommends placement of the offender in a program of shock incarceration or in an 

intensive program prison and the department does not subsequently place the offender in the 

recommended program or prison, the department shall send a notice to the court indicating why 

the offender was not placed in the recommended program or prison. 

If the court does not make a recommendation under this division with respect to an offender and 

if the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, 

whichever is applicable, that the offender is eligible for placement in a program or prison of that 

nature, the department shall screen the offender and determine if there is an available program of 

shock incarceration or an intensive program prison for which the offender is suited. If there is an 

available program of shock incarceration or an intensive program prison for which the offender 

is 9 suited, the department shall notify the court of the proposed placement of the offender as 

specified in section 5120.031 or 5120.032 of the Revised Code and shall include with the notice 

a brief description of the placement. The court shall have ten days from receipt of the notice to 

disapprove the placement. 

(J) If a person is convicted of or pleads guilty to aggravated vehicular homicide in violation of 

division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) of that section 

applies, the person shall be sentenced pursuant to section 2929.142 of the Revised Code. 

(K)(1) The court shall impose an additional mandatory prison term of two, three, four, five, six, 

seven, eight, nine, ten, or eleven years on an offender who is convicted of or pleads guilty to a 

violent felony offense if the offender also is convicted of or pleads guilty to a specification of the 

type described in section 2941.1424 of the Revised Code that charges that the offender is a 

violent career criminal and had a firearm on or about the offender’s person or under the 

offender’s control while committing the presently charged violent felony offense and displayed 

or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to 

facilitate the offense. The offender shall serve the prison term imposed under this division 

consecutively to and prior to the prison term imposed for the underlying offense. The prison term 

shall not be reduced pursuant to section 2929.20 or 2967.19 or any other provision of Chapter 

2967 or 5120 of the Revised Code. A court may not impose more than one sentence under 

division (B)(2)(a) of this section and this division for acts committed as part of the same act or 

transaction. 

(2) As used in division (K)(1) of this section, “violent career criminal” and “violent felony 

offense” have the same meanings as in section 2923.132 of the Revised Code. 

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OHIO REV. CODE ANN. 2929.24 MISDEMEANOR JAIL TERMS 

(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code or division (E) or (F) 

of this section and unless another term is required or authorized pursuant to law, if the sentencing 

court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a 

jail term on the offender pursuant to this chapter; the court shall impose a definite jail term that 

shall be one of the following: 

(1) For a misdemeanor of the first degree, not more than one hundred eighty days; 

(2) For a misdemeanor of the second degree, not more than ninety days; 

(3) For a misdemeanor of the third degree, not more than sixty days; 

(4) For a misdemeanor of the fourth degree, not more than thirty days. 

(B)(l) A court that sentences an offender to a jail term under this section may permit the offender 

to serve the sentence in intermittent confinement or may authorize a limited release of the 

offender as provided in division (B) of section 2929.26 of the Revised Code. The court retains 

jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, 

but the court shall not reduce any mandatory jail term. 

(2)(a) If a prosecutor, as defined in section 2935.01 of the Revised Code, has filed a notice 

with the court that the prosecutor wants to be notified about a particular case and if the court 

is considering modifying the jail sentence of the offender in that ease, the court shall notify 

the prosecutor that the court is considering modifying the jail sentence of the offender in that 

ease. The prosecutor may request a hearing regarding the court's consideration of modifying 

the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the 

court shall notify the eligible offender of the hearing. 

(b) If the prosecutor requests a hearing regarding the court's consideration of modifying the 

jail sentence of the offender in that case, the court shall hold the hearing before considering 

whether or not to release the offender from the offender's jail sentence. 

(C) If a court sentences an offender to a jail term under this section and the court assigns the 

offender to a county jail that has established a county jail industry program pursuant to section 

5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the 

offender may be considered for participation in the program. During the offender's term in the 

county jail, the court retains jurisdiction to modify its specification regarding the offender's 

participation in the county jail industry program. 

(D) If a person is sentenced to a jail term pursuant to this section, the court may impose as part of 

the sentence pursuant to section 2929.28 of the Revised Code a reimbursement sanction, and, if 

the local detention facility in which the term is to be served is covered by a policy adopted 

pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301. 56, or 

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2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following 

apply: 

(1) The court shall specify both of the following as part of the sentence: 

(a) If the person is presented with an itemized bill pursuant to section 2929.37 of the 

Revised Code for payment of the costs of confinement, the person is required to pay the 

bill in accordance with that section. 

(b) If the person does not dispute the bill described in division (D) (l)(a) of this section and 

does not pay the bill by the times specified in section 2929.37 of the Revised Code, the 

clerk of the court may issue a certificate of judgment against the person as described in that 

section. 

(2) The sentence automatically includes any certificate of judgment issued as described in 

division (D)(l)(b) of this section. 

(E) If an offender who is convicted of or pleads guilty to a violation of division (B) of section 

4511.19 of the Revised Code also is convicted of or also pleads guilty to a specification of the 

type described in section 2941.1416 of the Revised Code and if the court imposes a jail term on 

the offender for the underlying offense, the court shall impose upon the offender an additional 

definite jail term of not more than six months. The additional jail term shall not be reduced 

pursuant to any provision of the Revised Code. The offender shall serve the additional jail term 

consecutively to and prior to the jail term imposed for the underlying offense and consecutively 

to any other mandatory term imposed in relation to the offense. 

(F)(1). If an offender is convicted of or pleads guilty to a misdemeanor violation of section 

2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the type 

described in section 2941.1421 of the Revised Code and if the court imposes a jail term on the 

offender for the misdemeanor violation, the court may impose upon the offender an additional 

definite jail term as follows: 

(a) Subject to division (F)(l)(b) of this section, an additional definite jail term of not more 

than sixty days; 

(b) If the offender previously has been convicted of or pleaded guilty to one or more 

misdemeanor or felony violations of section 2907.22, 2907.23, 2907.24, 2907.241, or 

2907.25 of the Revised Code and also was convicted and pleaded guilty to a specification 

of the type described in section 2941.1421 of the Revised Code regarding one or more of 

those violations, an additional definite jail term of not more than one hundred twenty days. 

(2) In lieu of imposing an additional definite jail term under division (F)(l) of this section, the 

court may directly impose on the offender a sanction that requires the offender to wear a realtime processing, continual tracking electronic monitoring device during the period of time 

specified by the court. The period of time specified by the court shall equal the duration of an 

additional jail term that the court could have imposed upon the offender under division (F)(l) 

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of this section. A sanction imposed under this division shall commence on the date specified 

by the court, provided that the sanction shall not commence until after the offender has served 

the jail term imposed for the misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 

2907.25 of the Revised Code and any residential sanction imposed for the violation under 

section 2929.26 of the Revised Code, A sanction imposed under this division shall be 

considered to be a community control sanction for purposes of section 2929.25 of the Revised 

Code, and all provisions of the Revised Code that pertain to community control sanctions 

shall apply to a sanction imposed under this division, except to the extent that they would by 

their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction 

imposed under this division, including the cost of the use of the monitoring device. 

(G) If an offender is convicted of or pleads guilty to a misdemeanor violation of section 

2903.13 of the Revised Code and also is convicted of or pleads guilty to a specification of the 

type described in section 2941.1423 of the Revised Code that charges that the victim of the 

violation was a woman whom the offender knew was pregnant at the time of the violation, the 

court shall impose on the offender a mandatory jail term that is a definite term of at least thirty 

days. 

(H) If a court sentences an offender to a jail term under this section, the sentencing court retains 

jurisdiction over the offender and the jail term. Upon motion of either party or upon the court's 

own motion, the court, in the court's sole discretion and as the circumstances warrant, may 

substitute one or more community control sanctions under section 2929.26 or 2929.27 of the 

Revised Code for any jail days that are not mandatory jail days. 

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OKLAHOMA 

OKL. STAT. ANN. TIT. 21, 843.5. CHILD ABUSE—CHILD NEGLECT—CHILD SEXUAL 

ABUSE—CHILD SEXUAL EXPLOITATION—ENABLING—PENALTIES 

A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, 

upon conviction, be guilty of a felony punishable by imprisonment in the custody of the 

Department of Corrections not exceeding life imprisonment, or by imprisonment in a county 

jail not exceeding one (l) year, or by a fine of not less than Five Hundred Dollars ($500.00) 

nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As 

used in this subsection, "child abuse" means the willful or malicious harm or threatened harm 

or failure to protect from harm or threatened harm to the health, safety, or welfare of a child 

under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, 

torturing or maiming a child under eighteen (18) years of age by another. 

B. Any parent or other person who shall willfully or maliciously engage in enabling child 

abuse shall, upon conviction, be punished by imprisonment in the custody of the 

Department of Corrections not exceeding life imprisonment, or by imprisonment in a 

county jail not exceeding one (l) year, or by a fine of not less than Five Hundred Dollars 

($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and 

imprisonment. As used in this subsection, "enabling child abuse" means the causing, 

procuring or permitting of a willful or malicious act of harm or threatened harm or failure to 

protect from harm or threatened harm to the health, safety, or welfare of a child under 

eighteen (18) years of age by another. As used in this subsection, "permit" means to 

authorize or allow for the care of a child by an individual when the person authorizing or 

allowing such care knows or reasonably should know that the child will be placed at risk of 

abuse as proscribed by this subsection. 

C. Any parent or other person who shall willfully or maliciously engage in child neglect shall, 

upon conviction, be punished by imprisonment in the custody of the Department of 

Corrections not exceeding life imprisonment, or by imprisonment in a county jail not 

exceeding one (l) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more 

than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this 

subsection, "child neglect" means the willful or malicious neglect, as defined by paragraph 

47 of Section 1-1-105 of Title I OA of the Oklahoma Statutes, of a child under eighteen (18) 

years of age by another. 

D. Any parent or other person who shall willfully or maliciously engage in enabling child 

neglect shall, upon conviction, be punished by imprisonment in the custody of the 

Department of Corrections not exceeding life imprisonment, or by imprisonment in a county 

jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) 

nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment: As 

used in this subsection, "enabling child neglect" means the causing, procuring or permitting 

of a willful or malicious act of child neglect, as defined by paragraph 47 of Section 1-1-105 

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of Title IOA of the Oklahoma Statutes, of a child under eighteen (18) years of age by 

another. As used in this subsection, "permit" means to authorize or allow for the care of a 

child by an individual when the person authorizing or allowing such care knows or 

reasonably should know that the child will be placed at risk of neglect as proscribed by this 

subsection. 

E. Any parent or other person who shall willfully or maliciously engage in child sexual abuse 

shall, upon conviction, be punished by imprisonment in the custody of the Department of 

Corrections not exceeding life imprisonment, or by imprisonment in a county jail not 

exceeding one (l) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more 

than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment, except as 

provided in Section 51. la Of this title or as otherwise provided in subsection F of this 

section for a child victim under twelve (12) years of age, Except for persons sentenced to life 

or life without parole, any person sentenced to imprisonment for two (2) years or more for a 

violation of this subsection shall be required to serve a term of post-imprisonment 

supervision pursuant to subparagraph f of paragraph I of subsection A of Section 991a of 

Title 22 of the Oklahoma Statutes under conditions determined by the Department of 

Corrections. The jury shall be advised that the mandatory post-imprisonment supervision 

shall be in addition to the actual imprisonment. As used in this section, "child sexual abuse" 

means the willful or malicious sexual abuse, which includes but is not limited to rape, incest, 

and lewd or indecent acts or proposals, of a child under eighteen (18) years of age by 

another. 

F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a 

child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in 

the custody of the Department of Corrections for not less than twenty-five (25) years nor 

more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) 

nor more than Five Thousand Dollars ($5,000.00). 

G. Any parent or other person who shall willfully or maliciously engage in enabling child 

sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the 

Department of Corrections not exceeding life imprisonment, or by imprisonment in a county 

jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) 

nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As 

used in this subsection, "enabling child sexual abuse" means the causing, procuring or 

permitting of a willful or malicious act of child sexual abuse, which includes but is not 

limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of 

eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow 

for the care of a child by an individual when the person authorizing or allowing such care 

knows or reasonably should know that the child will be placed at risk of sexual abuse as 

proscribed by this subsection. 

H. Any parent or other person who shall willfully or maliciously engage in child sexual 

exploitation shall, upon conviction, be punished by imprisonment in the custody of the 

Department of Corrections not exceeding life imprisonment, or by imprisonment in a county 

jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) 

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nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment 

except as provided in subsection I of this section for a child victim under twelve (12) years 

of age. Except for persons sentenced to life or life without parole, any person sentenced to 

imprisonment for two (2) years or more for a violation of this subsection shall be required to 

serve a term of post imprisonment supervision pursuant to subparagraph f of paragraph I of 

subsection A of Section 991 a of Title 22 of the Oklahoma Statutes under conditions 

determined by the Department of Corrections. The jury shall be advised that the mandatory 

post-imprisonment supervision shall be in addition to the actual imprisonment. As used in 

this subsection, "child sexual exploitation" means the willful or malicious sexual 

exploitation, which includes but is not limited to allowing, permitting, or encouraging a child 

under eighteen (18) years of age to engage in prostitution or allowing, permitting, 

encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or 

depicting of a child under eighteen (18) years of age by another. 

I. Any parent or other person who shall willfully or maliciously engage in sexual exploitation 

of a child under twelve (12) years of age shall, upon conviction, be punished by 

imprisonment in the custody of the Department of Corrections for not less than twenty-five 

(25) years nor more than life imprisonment, and by a fine of not less than Five Hundred 

Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 

J. Any parent or other person who shall willfully or maliciously engage in enabling child 

sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of 

the Department of Corrections not exceeding life imprisonment, or by imprisonment in a 

county jail not exceeding one (l) year, or by a fine of not less than Five Hundred Dollars 

($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and 

imprisonment. As used in this subsection, "enabling child sexual exploitation" means the 

causing, procuring or permitting of a willful or malicious act of child sexual exploitation, 

which includes but is not limited to allowing, permitting, or encouraging a child under 

eighteen (18) years of age to engage in prostitution or allowing, permitting, encouraging or 

engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a 

child under eighteen (18) years of age by another. As used in this subsection, "permit" means 

to authorize or allow for the care of a child by an individual when the person authorizing or 

allowing such care knows or reasonably should know that the child will be placed at risk of 

sexual exploitation as proscribed by this subsection. 

K. Notwithstanding any other provision of law, any parent or other person convicted of forcible 

anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under 

fourteen (14) years of age subsequent to a previous conviction for any offense of forcible 

anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under 

fourteen (14) years of age shall be punished by death or by imprisonment for life without 

parole. 

L. Provided, however, that nothing contained in this section shall prohibit any parent or 

guardian from using reasonable and ordinary force pursuant to Section 844 of this title. 

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OREGON 

OR. REV. STAT. ANN. 163.200. CRIMINAL MISTREATMENT IN THE SECOND DEGREE 

(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal 

negligence and: 

(a) In violation of a legal duty to provide care for another person, the person withholds 

necessary and adequate food, physical care or medical attention from that person; or 

(b) Having assumed the permanent or temporary care, custody or responsibility for the 

supervision of another person, the person withholds necessary and adequate food, physical 

care or medical attention from that person. 

(2) Criminal mistreatment in the second degree is a Class A misdemeanor. 

(3) As used in this section, “legal duty” includes but is not limited to a duty created by familial 

relationship, court order, contractual agreement or statutory or case law. 

163.187 Strangulation. 

(1) A person commits the crime of strangulation if the person knowingly impedes the normal 

breathing or circulation of the blood of another person by: 

(a) Applying pressure on the throat, neck or chest of the other person; or 

(b) Blocking the nose or mouth of the other person. 

(2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or 

good faith practices of a religious belief. 

(3) Strangulation is a Class A misdemeanor. 

(4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if: 

(a) The crime is committed in the immediate presence of, or is witnessed by, the person’s or 

the victim’s minor child or stepchild or a minor child residing within the household of the 

person or the victim; 

(b) The victim is under 10 years of age; 

(c) The victim is a family or household member, as defined in ORS 135.230, of the person; 

(d) During the commission of the crime, the person used, attempted to use or threatened to 

use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully 

against another; 

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(e) The person has been previously convicted of violating this section or ORS 163.160, 

163.165, 163.175, 163.185 or 163.190, or of committing an equivalent crime in another 

jurisdiction, and the victim in the previous conviction is the same person who is the victim of 

the current crime; 

(f) The person has at least three previous convictions for violating this section or ORS 

163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in 

another jurisdiction, in any combination; or 

(g) The person commits the strangulation knowing that the victim is pregnant. 

(5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the 

strangulation is seen or directly perceived in any other manner by the child. 

(6) The Oregon Criminal Justice Commission shall classify strangulation committed under the 

circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing 

guidelines grid of the commission. 

OR. REV. STAT. ANN. 163.205. CRIMINAL MISTREATMENT IN THE FIRST DEGREE 

(1) A person commits the crime of criminal mistreatment in the first degree if: 

(a) The person, in violation of a legal duty to provide care for another person, or having 

assumed the permanent or temporary care, custody or responsibility for the supervision of 

another person, intentionally or knowingly withholds necessary and adequate food, physical 

care or medical attention from that other person; or 

(b) The person, in violation of a legal duty to provide care for a dependent person or elderly 

person, or having assumed the permanent or temporary care, custody or responsibility for the 

supervision of a dependent person or elderly person, intentionally or knowingly: 

(A) Causes physical injury or injuries to the dependent person or elderly person; 

(B) Deserts the dependent person or elderly person in a place with the intent to abandon 

that person; 

(C) Leaves the dependent person or elderly person unattended at a place for such a period 

of time as may be likely to endanger the health or welfare of that person; 

(D) Hides the dependent person’s or elderly person’s money or property or takes the 

money or property for, or appropriates the money or property to, any use or purpose not in 

the due and lawful execution of the person’s responsibility; 

(E) Takes charge of a dependent or elderly person for the purpose of fraud; 

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(F) Leaves the dependent person or elderly person, or causes the dependent person or 

elderly person to enter or remain, in or upon premises: 

(i) Where a cannabinoid extract as defined in ORS 475B.015 is being processed; and 

(ii) That have not been licensed under ORS 475B.090; or 

(G) Leaves the dependent person or elderly person, or causes the dependent person or 

elderly person to enter or remain, in or upon premises where a chemical reaction involving 

one or more precursor substances: 

(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, 

soaking or otherwise breaking down a precursor substance for the unlawful manufacture 

of a controlled substance; or 

(ii) Has occurred as part of unlawfully manufacturing a controlled substance or 

grinding, soaking or otherwise breaking down a precursor substance for the unlawful 

manufacture of a controlled substance and the premises have not been certified as fit for 

use under ORS 453.885. 

(2) As used in this section: 

(a) “Controlled substance” has the meaning given that term in ORS 475.005. 

(b) “Dependent person” means a person who because of either age or a physical or mental 

disability is dependent upon another to provide for the person’s physical needs. 

(c) “Elderly person” means a person 65 years of age or older. 

(d) “Legal duty” includes but is not limited to a duty created by familial relationship, court 

order, contractual agreement or statutory or case law. 

(e) “Precursor substance” has the meaning given that term in ORS 475.940. 

(3) Criminal mistreatment in the first degree is a Class C felony. 

OR. REV. STAT. ANN. 161.605. MAXIMUM PRISON TERMS FOR FELONIES 

The maximum term of an indeterminate sentence of imprisonment for a felony is as follows: 

(1) For a Class A felony, 20 years. 

(2) For a Class B felony, 10 years. 

(3) For a Class C felony, 5 years. 

(4) For an unclassified felony as provided in the statute defining the crime. 

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PENNSYLVANIA 

18 A. CONS. STAT. ANN. 2701. SIMPLE ASSAULT 

(a) Offense defined. — Except as provided under section 2702 (relating to aggravated assault), a 

person is guilty of assault if he: 

1. attempts to cause or intentionally, knowingly or recklessly causes bodily injury to 

another; 

2. negligently causes bodily injury to another with a deadly weapon; 

3. attempts by physical menace to put another in fear of imminent serious bodily injury; or 

4. conceals or attempts to conceal a hypodermic needle on his person and intentionally or 

knowingly penetrates a law enforcement officer or an officer or an employee of a 

correctional institution, county jail or prison, detention facility or mental hospital during 

the course of an arrest or any search of the person. 

(b) Grading. — Simple assault is a misdemeanor of the second degree unless committed: 

1. in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of 

the third degree; or 

2. against a child under 12 years of age by an 18 year of age or older, in which case it is a 

misdemeanor of the first degree. 

18 A. CONS. STAT. ANN. S 2702. AGGRAVATED ASSAULT 

(a) Offense defined. — A person is guilty of aggravated assault if he: 

(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, 

knowingly or recklessly under circumstances manifesting extreme indifference to the value of 

human life; 

(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to 

any of the officers, agents, employees or other persons enumerated in subsection (c) or to an 

employee of an agency, company or other entity engaged in public transportation, while in the 

performance of duty; 

(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, 

agents, employees or other persons enumerated in subsection (c), in the performance of duty; 

(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a 

deadly weapon; 

(5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff 

member, school board member or other employee, including a student employee, of any 

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elementary or secondary publicly-funded educational institution, any elementary or secondary 

private school licensed by the Department of Education or any elementary or secondary 

parochial school while acting in the scope of his or her employment or because of his or her 

employment relationship to the school; 

(6) attempts by physical menace to put any of the officers, agents, employees or other persons 

enumerated in subsection (c), while in the performance of duty, in fear of imminent serious 

bodily injury; 

(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious 

gas in labor disputes) or uses an electric or electronic incapacitation device against any 

officer, employee or other person enumerated in subsection (c) while acting in the scope of 

his employment; 

(8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a less 

than six year of age, by an 18 year of age or older; or 

(9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to 

a less than 13 year of age, by an 18 year of age or older. 

(b) Grading. — Aggravated assault under subsection (a)(l), (2) and (9) is a felony of the first 

degree. Aggravated assault under subsection (4), (5), (6), (7) and (8) is a felony of the second 

degree. 

(c) Officers, employees, etc., enumerated — officers, agents, employees and other persons 

referred to in subsection (a) shall be as follows: 

1. Police officer. 

2. Firefighter. 

3. County adult probation or parole officer. 

4. County juvenile probation or parole officer. 

5. An agent of the Pennsylvania Board of Probation and Parole. 

6. Sheriff. 

7. Deputy sheriff. 

8. Liquor control enforcement agent. 

9. Officer or employee of a correctional institution, county jail or prison, juvenile detention 

center or any other facility to which the person has been ordered by the court pursuant to a 

petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters). 

10. Judge of any court in the unified judicial system. 

11. The Attorney General. 

12. A deputy attorney general. 

13. A district attorney. 

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14. An assistant district attorney. 

15. A public defender. 

16. An assistant public defender. 

17. A Federal law enforcement official. 

18. A State law enforcement official. 

19. A local law enforcement official. 

20. Any person employed to assist or who assists any Federal, State or local law enforcement 

official. 

21. Emergency medical services personnel. 

22. Parking enforcement officer. 

23. A magisterial district judges. 

24. A constable. 

25. A deputy constable. 

26. A psychiatric aide. 

27. A teaching staff member, a school board member or other employee, including a student 

employee, of any elementary or secondary publicly funded educational institution, any 

elementary or secondary private school licensed by the Department of Education or any 

elementary or secondary parochial school while acting in the scope of his or her 

employment or because of his or her employment relationship to the school. 

28. Governor. 

29. Lieutenant Governor. 

30. Auditor General. 

31. State Treasurer. 

32. Member of the General Assembly. 

33. An employee of the Department of Environmental Protection. 

34. An individual engaged in the private detective business as defined in section 2(a) and (b) 

of the act of August 21, 1953 (P.L. 1273, No. 361), known as The Private Detective Act of 

1953. 

35. An employee or agent of a county children and youth social service agency or of the legal 

representative of such agency. 

36. A public utility employee or an employee of an electric cooperative. 

37. A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania 

Game Commission. 

38. A waterways conservation officer or deputy waterways conservation officer of the 

Pennsylvania Fish and Boat Commission. 

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(d) Definitions. — As used in this section, the following words and phrases shall have the 

meanings given to them in this subsection: 

"Electric or electronic incapacitation device." A portable device which is designed or intended 

by the manufacturer to be used, offensively or defensively, to temporarily immobilize or 

incapacitate persons by means of electric pulse or current, including devices operated by 

means of carbon dioxide propellant. The term does not include cattle prods, electric fences or 

other electric devices when used in agricultural, animal husbandry or food production 

activities. 

"Emergency medical services personnel." The term includes, but is not limited to, doctors, 

residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance 

attendants and operators, paramedics, emergency medical technicians and members of a 

hospital security force while working within the scope of their employment. 

18 PA. CONS. STAT. ANN. 106. CLASSES OF OFFENSES 

(a) General rule. — An offense defined by this title for which a sentence of death or of 

imprisonment is authorized constitutes a crime. The classes of crime are: 

(1) Murder of the first degree, of the second degree or of the third degree, first degree murder 

of an unborn child, second degree murder of an unborn child or third degree murder of an 

unborn child. 

(2) Felony of the first degree. 

(3) Felony of the second degree. 

(4) Felony of the third degree. 

(5) Misdemeanor of the first degree. 

(6) Misdemeanor of the second degree. 

(7) Misdemeanor of the third degree. 

(b) Classification of crimes. — 

(1) A crime is a murder of the first degree, of the second degree or of the third degree if it is 

so designated in this title or if a person convicted of criminal homicide may be sentenced in 

accordance with the provisions of section 1102 (relating to sentence for murder and murder of 

an unborn child). A crime is first degree murder of an unborn child, second degree murder of 

an unborn child or third degree murder of an unborn child if it is so designated in this title or 

if a person convicted of criminal homicide of an unborn child may be sentenced in accordance 

with the provisions of section 1102. 

(2) A crime is a felony of the first degree if it is so designated in this title or if a person 

convicted thereof may be sentenced to a term of imprisonment, the maximum of which is 

more than ten years. 

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(3) A crime is a felony of the second degree if it is so designated in this title or if a person 

convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not 

more than ten years. 

(4) A crime is a felony of the third degree if it is so designated in this title or if a person 

convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not 

more than seven years. 

(5) A crime declared to be a felony, without specification of degree, is of the third degree. 

(6) A crime is a misdemeanor of the first degree if it is so designated in this title or if a 

person convicted thereof may be sentenced to a term of imprisonment, the maximum of which 

is not more than five years. 

(7) A crime is a misdemeanor of the second degree if it is so designated in this title or if a 

person convicted thereof may be sentenced to a term of imprisonment, the maximum of which 

is not more than two years. 

(8) A crime is a misdemeanor of the third degree if it is so designated in this title or if a 

person convicted thereof may be sentenced to a term of imprisonment, the maximum of which 

is not more than one year. 

(9) A crime declared to be a misdemeanor, without specification of degree, is of the third 

degree. 

(c) Summary offenses. — An offense defined by this title constitutes a summary offense if: 

(1) it is so designated in this title, or in a statute other than this title; or 

(2) if a person convicted thereof may be sentenced to a term of imprisonment, the maximum 

of which is not more than 90 days. 

(d) Other crimes. — Any offense declared by law to constitute a crime, without specification of 

the class thereof, is a misdemeanor of the second degree, if the maximum sentence does not 

make it a felony under this section. 

(e) Section applicable to other statutes. — An offense hereafter defined by any statute other than 

this title shall be classified as provided in this section. 

42 PA. CONS. STAT. ANN. § 9720.8 SENTENCING FOR OFFENSES INVOLVING 

DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR 

(a) Sentencing enhancement. — The Pennsylvania Commission on Sentencing, in accordance 

with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a 

sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to 

simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of 

218 
 

sentences applicable based on such aggravating circumstances as the assault was committed 

against a family or household member and the defendant knew the crime was witnessed, either 

through sight or sound, by a minor who is also a family or household member of the defendant 

or the victim. 

(b) Definitions. — As used in this section, the following words and phrases shall have the 

meanings given to them in this subsection unless the context clearly indicates otherwise: 

“Family or household member.” The term shall have the same meaning as “family or 

household members” under 23 Pa.C.S. § 6102 (relating to definitions). 

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PUERTO RICO 

P.R. LAWS ANN. TIT. 8, 450C. ABUSE 

Any father; mother, or person responsible for the wellbeing of a minor or any other person who, 

through an intentional commission of an act or omission which causes harm to a minor or puts 

his or her health or physical, mental, or emotional integrity at risk, including, but not limited to, 

incurring conduct that constitutes a sexual offense incurring in conduct that constitutes domestic 

violence in the presence of minors, incurring in obscene conduct or using a minor to carry out 

obscene conduct, shall be sanctioned with a fixed term of imprisonment of five (5) years, or a 

fine of not less than five thousand (5,000) dollars, nor of more of ten thousand (10,000), or both 

penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed 

penalty thus established may be increased to a maximum of eight (8) years; should there be 

extenuating circumstances the fixed penalty may be reduced for up to a maximum of three (3) 

years. 

When the conduct incurred constitutes a sexual offense in the presence of a minor, or a minor is 

used to perform an act of an obscene nature, or to perform acts that constitute a sexual offense 

aimed at satisfying the prurient behavior of others, the fixed term of imprisonment shall be eight 

(8) years. Should there be aggravating circumstances, the fixed penalty may be increased to a 

maximum of ten (10) years; should there be extenuating circumstances the fixed penalty may be 

reduced to six (6) years of imprisonment. 

In these cases, the following circumstances shall be deemed aggravating circumstances: 

a) If the victim is an ascendant or descendant in any degree, including relations by adoption 

or affinity. 

b) If the victim is a collateral relative up to the fourth degree of consanguinity, whether full 

blood or half blood, including relations by adoption or affinity. 

c) If the victim has been compelled to the act by the use of irresistible physical force, the 

threat of grave and immediate bodily harm accompanied by the apparent capacity to carry 

it out, or by neutralizing or diminishing substantially the victim's capacity to resist through 

the use of hypnotics, narcotics, depressants, stimulants, or chemical substances, or 

inducing him or her to the act through any deceitful means. 

d) If the victim suffers from any special, temporary or permanent, physical or mental 

condition. 

e) When the crime is committed by the operator of a foster home in the exercise of his or her 

official duties, or by any employee or officer of a public, private, or privatized institution, 

as defined herein. 

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When the conduct typified in the preceding paragraphs occurs as a result of a pattern of 

behavior, it shall be sanctioned with a fixed term of imprisonment often (10) years, or a fine that 

shall not be less than five thousand (5,000) dollars nor of more than ten thousand (10,000), or 

both penalties at the discretion of the court. 

When the crime of abuse referred to in this section takes place under the aggravating 

circumstances described in subsection (e) therein, the court shall, in addition, impose a fine on 

the public or private institution, of not less than five thousand (5,000) dollars, or nor of more 

than ten thousand (10,000) dollars. 

Should there be aggravating circumstances, the established fixed penalty may be increased up to 

a maximum of twelve (12) years; should there be extenuating circumstances, the penalty may be 

reduced for up to a minimum of eight (8) years. 

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RHODE ISLAND 

R.I. GEN. LAWS ANN. 11-9-5.3. CHILD ABUSE—BRENDAN'S LAW 

(a) This section shall be known and may be referred to as "Brendan's Law." 

(b) Whenever a person having care of a child, as defined by § 40-11-2(2), whether assumed 

voluntarily or because of a legal obligation, including any instance where a child has been placed 

by his or her parents, caretaker, or licensed or governmental child placement agency for care or 

treatment, knowingly or intentionally: 

(1) Inflicts upon a child serious bodily injury, shall be guilty of first degree child abuse. 

(2) Inflicts upon a child any other physical injury, shall be guilty of second degree child 

abuse. 

(c) For the purposes of this section, "serious bodily injury" means physical injury that: 

(1) Creates a substantial risk of death; 

(2) Causes protracted loss or impairment of the function of any bodily parts, member or 

organ, including any fractures of any bones; 

(3) Causes serious disfigurement; or 

(4) Evidences subdural hematoma, intercranial hemorrhage and/or retinal hemorrhages as 

signs of "shaken baby syndrome" and/or "abusive head trauma." 

(d) For the purpose of this section, "other physical injury" is defined as any injury, other than a 

serious bodily injury, which arises other than from the imposition of nonexcessive corporal 

punishment. 

(e) Any person who commits first degree child abuse shall be imprisoned for not more than 

twenty (20) years, nor less than ten (10) years and fined not more than ten thousand dollars 

($10,000). Any person who is convicted of second degree child abuse shall be imprisoned for not 

more than ten (10) years, nor less than five (5) years and fined not more than five thousand 

dollars ($5,000). 

(f) Any person who commits first degree child abuse on a child age five (5) or under shall not on 

the first ten (10) years of his or her sentence be afforded the benefit of suspension or deferment 

of sentence nor of probation for penalties provided in this section; and provided further, that the 

court shall order the defendant to serve a minimum of eight and one-half (8 1/2) years or more of 

the sentence before he or she becomes eligible for parole. 

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(g) Any person who has been previously convicted of first or second degree child abuse under 

this section and thereafter commits first degree child abuse shall be imprisoned for not more than 

forty (40) years, nor less than twenty (20) years and fined not more than twenty thousand 

($20,000) dollars and shall be subject to subsection (f) of this section if applicable. Any person 

who has been previously convicted of first or second degree child abuse under this section and 

thereafter commits second degree child abuse shall be imprisoned for not more than twenty (20) 

years, nor less than ten (10) years and fined not more than ten thousand ($10,000) dollars. 

R.I. GEN. LAWS ANN. 11-5-14.2. BATTERY BY AN ADULT UPON CHILD TEN (10) 

YEARS OF AGE OR YOUNGER CAUSING SERIOUS BODILY INJURY 

(a) Any person eighteen (18) years of age or older who shall commit a battery upon a child ten 

(10) years of age or younger, causing serious bodily injury, shall be deemed to have committed a 

felony and shall be punished by imprisonment for not less than five (5) years but not more than 

twenty (20) years and a fine of not less than five thousand ($5,000) dollars nor more than twenty 

thousand ($20,000) dollars. 

(b) "Serious bodily injury" means physical injury that: 

(1) Creates a substantial risk of death; 

(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; 

or 

(3) Causes serious permanent disfigurement. 

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SOUTH CAROLINA 

S.C. CODE ANN. 16-3-95. INFLICTION OR ALLOWING INFLICTION OF GREAT 

BODILY INJURY UPON A CHILD; PENALTY; DEFINITION; CORPORAL PUNISHMENT 

AND TRAFFIC ACCIDENT EXCEPTIONS 

(A) It is unlawful to inflict great bodily injury upon a child. A person who violates this 

subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty 

years. 

(B) It is unlawful for a child's parent or guardian, person with whom the child's parent or 

guardian is cohabitating, or any other person responsible for a child's welfare as defined in 

Section 63-7-20 knowingly to allow another person to inflict great bodily injury upon a child. 

A person who violates this subsection is guilty of a felony and, upon conviction, must be 

imprisoned not more than five years. 

(C) For purposes of this section, "great bodily injury" means bodily injury which creates a 

substantial risk of death or which causes serious or permanent disfigurement, or protracted loss 

or impairment of the function of any bodily member or organ. 

(D) This section may not be construed to prohibit corporal punishment or physical discipline 

which is administered by a parent or person in loco parentis in a manner which does not cause 

great bodily injury upon a child. 

(E) This section does not apply to traffic accidents unless the accident was caused by the driver's 

reckless disregard for the safety of others. 

S.C. CODE ANN. 16-25-20. ACTS PROHIBITED; PENALTIES; CRIMINAL DOMESTIC 

VIOLENCE CONVICTION IN ANOTHER STATE AS PRIOR OFFENSE 

(A) It is unlawful to: 

1) cause physical harm or injury to a person’s own household member; or 

2) offer or attempt to cause physical harm or injury to a person’s own household member 

with apparent present ability under circumstances reasonably creating fear of imminent 

peril. 

(B) Except as otherwise provided in this section, a person commits the offense of domestic 

violence in the first degree if the person violates the provisions of subsection (A) and: 

1) great bodily injury to the person’s own household member results or the act is 

accomplished by means likely to result in great bodily injury to the person’s own 

household member; 

2) the person violates a protection order and in the process of violating the order commits 

domestic violence in the second degree; 

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3) has two or more prior convictions of domestic violence within ten years of the current 

offense; 

4) the person uses a firearm in any manner while violating the provisions of subsection (A); 

or 

5) in the process of committing domestic violence in the second degree one of the following 

also results: 

a) the offense is committed in the presence of, or while being perceived by a minor; the 

offense is committed against a person known, or who reasonably should have been 

known, by the offender to be pregnant; 

b) the offense is committed during the commission of a robbery, burglary, kidnapping, or 

theft; 

c) the offense is committed by impeding the victim’s breathing or air flow; or 

d) the offense is committed using physical force or the threatened use of force against 

another to block that person’s access to any cell phone, telephone, or electronic 

communication device with the purpose of preventing, obstructing, or interfering with: 

(i) the report of any criminal offense, bodily injury, or property damage to a law 

enforcement agency; or 

(ii) a request for an ambulance or emergency medical assistance to any law 

enforcement agency or emergency medical provider. 

A person who violates this subsection is guilty of a felony and, upon conviction, must be 

imprisoned for not more than ten years. 

Domestic violence in the first degree is a lesser included offense of domestic violence of a 

high and aggravated nature, as defined in Section 16-25-65. 

(C) A person commits the offense of domestic violence in the second degree if the person 

violates subsection (A) and: 

1) moderate bodily injury to the person’s own household member results or the act is 

accomplished by means likely to result in moderate bodily injury to the person’s own 

household member; 

2) the person violates a protection order and in the process of violating the order commits 

domestic violence in the third degree; 

3) the person has one prior conviction for domestic violence in the past ten years from the 

current offense; or 

4) in the process of committing domestic violence in the third degree one of the following 

also results: 

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a) the offense is committed in the presence of, or while being perceived by, a minor; 

b) the offense is committed against a person known, or who reasonably should have been 

known, by the offender to be pregnant; 

c) the offense is committed during the commission of a robbery, burglary, kidnapping, or 

theft; 

d) the offense is committed by impeding the victim’s breathing or air flow; or 

e) the offense is committed using physical force or the threatened use of force against 

another to block that person’s access to any cell phone, telephone, or electronic 

communication device with the purpose of preventing, obstructing, or interfering with: 

(i) the report of any criminal offense, bodily injury, or property damage to a law 

enforcement agency; or 

(ii) a request for an ambulance or emergency medical assistance to any law 

enforcement agency or emergency medical provider. 

A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must 

be fined not less than two thousand five hundred dollars nor more than five thousand dollars 

or imprisoned for not more than three years, or both. 

Domestic violence in the second degree is a lesser-included offense of domestic violence in 

the first degree, as defined in subsection (B), and domestic violence of a high and aggravated 

nature, as defined in Section 16-25-65. 

Assault and battery in the second degree pursuant to Section 16-3-600(D) is a lesser-included 

offense of domestic violence in the second degree as defined in this subsection. 

(D) A person commits the offense of domestic violence in the third degree if the person violates 

subsection (A). 

1) A person who violates this subsection is guilty of a misdemeanor and, upon conviction, 

must be fined not less than one thousand dollars nor more than two thousand five hundred 

dollars or imprisoned not more than ninety days, or both. Notwithstanding the provisions 

of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of 

this subsection may be tried in summary court. 

2) Domestic violence in the third degree is a lesser-included offense of domestic violence in 

the second degree, as defined in subsection (C), domestic violence in the first degree, as 

defined in subsection (B), and domestic violence of a high and aggravated nature, as 

defined in Section 16-25-65. 

3) Assault and battery in the third degree pursuant to Section 16-3-600(E) is a 

lesser-included offense of domestic violence in the third degree as defined in this 

subsection. 

4) A person who violates this subsection is eligible for pretrial intervention pursuant to 

Chapter 22, Title 17. 

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(E) When a person is convicted of a violation of Section 16-25-20(B) or (C) or Section 16-25-65, 

the circuit court may suspend execution of all or part of the sentence and place the offender on 

probation, or if a person is convicted of a violation of Section 16-25-20(D), the court may 

suspend execution of all or part of the sentence, conditioned upon: 

1) the offender’s mandatory completion, to the satisfaction of the court, of a domestic 

violence intervention program designed to treat batterers in accordance with the 

provisions of subsection (G); 

2) fulfillment of all the obligations arising under court order pursuant to this section and 

Section 16-25-65; 

3) other reasonable terms and conditions of probation as the court may determine necessary 

to ensure the protection of the victim; and 

4) making restitution as the court deems appropriate. 

(F) In determining whether or not to suspend the imposition or execution of all or part of a 

sentence as provided in this section, the court must consider the nature and severity of the 

offense, the number of times the offender has repeated the offense, and the best interests and 

safety of the victim. 

(G) An offender who participates in a domestic violence intervention program pursuant to this 

section, shall participate in a program offered through a government agency, nonprofit 

organization, or private provider selected and approved by the Circuit Solicitor with jurisdiction 

over the offense or the Attorney General if the offense is prosecuted by the Attorney General’s 

Office. If the offender moves to a different circuit after entering a treatment program selected by 

the Circuit Solicitor, the Circuit Solicitor for the county in which the offender resides shall have 

the authority to select and approve the batterer’s treatment program. The offender shall pay a 

reasonable fee, if required, for participation in the program but no person may be denied 

participation due to inability to pay. If the offender suffers from a substance abuse problem or 

mental health concern, the judge may order, or the program may refer, the offender to 

supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse 

Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20 or the 

Department of Mental Health or Veterans’ Hospital, respectively. The offender must pay a 

reasonable fee for participation in the substance abuse treatment or mental health program, if 

required, but no person may be denied participation due to inability to pay. 

(H) A person who violates the terms and conditions of an order of protection issued in this State 

pursuant to Chapter 4, Title 20, the “Protection from Domestic Abuse Act,” or a valid protection 

order related to domestic or family violence issued by a court of another state, tribe, or territory 

is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days 

and fined not more than five hundred dollars. 

(I) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled 

trial date, a person charged with a violation provided in this chapter must appear before a judge 

for disposition of the case or be tried in the person’s absence. 

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SOUTH DAKOTA 

S.D. CODIFIED LAWS 26-10-1. ABUSE OF OR CRUELTY TO MINOR AS FELONYREASONABLE FORCE AS DEFENSE—LIMITATION OF ACTION 

Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner 

which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less 

than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as 

provided in § 22-18-5, is a defense to an offense under this section. Notwithstanding § 23A-42-2, 

a charge brought pursuant to this section may be commenced at any time before the victim 

becomes age twenty-five. 

If any person convicted of this offense is the minor's parent, guardian, or custodian, the court 

shall include as part of the sentence, or conditions required as part of suspended execution or 

imposition of such sentence, that the person receive instruction on parenting approved or 

provided by the Department of Social Services. 

S.D. CODIFIED LAWS 22-18-1.4. AGGRAVATED BATTERY OF AN INFANT—FELONY 

Any person who intentionally or recklessly causes serious bodily injury to an infant, less than 

three years old, by causing any intracranial or intraocular bleeding, or swelling and damage to 

the brain, whether caused by blows, shaking, or causing the infant's head to impact with an 

object or surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a 

Class 2 felony: A second or subsequent violation of this section is a Class 1 felony. 

S.D. CODIFIED LAWS 22-6-1. FELONY CLASSES AND PENALTIES—RESTITUTION— 

HABITUAL CRIMINAL SENTENCES 

Except as otherwise provided by law, felonies are divided into the following nine classes which 

are distinguished from each other by the following maximum penalties which are authorized 

upon conviction: 

1. Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than 

death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty 

thousand dollars may be imposed; 

2. Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given 

for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; 

3. Class C felony: life imprisonment in the state penitentiary. In addition, a fine of fifty thousand 

dollars may be imposed; 

4. Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of fifty 

thousand dollars may be imposed; 

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5. Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of 

fifty thousand dollars may be imposed; 

6. Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of thirty 

thousand dollars may be imposed; 

7. Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of twenty 

thousand dollars may be imposed; 

8. Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine often 

thousand dollars may be imposed; and 

9. Class 6 felony: two years imprisonment in the state penitentiary or a fine of four thousand 

dollars, or both. 

If the defendant is under the age of eighteen years at the time of the offense and found guilty of a 

Class A or B felony, the maximum sentence may be life imprisonment in the state penitentiary. 

In addition, a fine of fifty thousand dollars may be imposed. 

The court, in imposing sentence on a defendant who has been found guilty of a felony, shall 

order in addition to the sentence that is imposed pursuant to the provisions of this section, that 

the defendant make restitution to any victim in accordance with the provisions of chapter 

23A28. 

Nothing in this section limits increased sentences for habitual criminals under 22-7-7, 22-7-8, 

and 22-7-8.1. 

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TENNESSEE 

TENN. CODE ANN. 39-15-401. CHILD ABUSE AND CHILD NEGLECT OR 

ENDANGERMENT 

(a) Any person who knowingly, other than by accidental means, treats a child under eighteen 

(18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, 

however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony. 

(b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as 

to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, 

that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E 

felony. 

(c)(1) A parent or custodian of a child eight (8) years of age or less commits child endangerment 

who knowingly exposes such child to or knowingly fails to protect such child from abuse or 

neglect resulting in physical injury to the child. 

(2) For purposes of subsection (c): 

(A) “Knowingly” means the person knew, or should have known upon a reasonable 

inquiry, that abuse to or neglect of the child would occur which would result in physical 

injury to the child. The risk must be of such a nature and degree that the failure to perceive 

it constitutes a gross deviation from the standard of care that an ordinary parent or legal 

custodian of a child eight (8) years of age or less would exercise under all the 

circumstances as viewed from the defendant’s standpoint; and 

(B) “Parent or custodian” means the biological or adoptive parent or any person who has 

legal custody of the child. 

(3) A violation of this subsection (c) is a Class A misdemeanor. 

(d)(1) Any court having reasonable cause to believe that a person is guilty of violating this 

section shall have the person brought before the court, either by summons or warrant. No arrest 

warrant or summons shall be issued by any person authorized to issue the warrant or summons, 

nor shall criminal charges be instituted against a child's parent, guardian or custodian for a 

violation of subsection (a), based upon the allegation that unreasonable corporal punishment was 

administered to the child, unless the affidavit of complaint also contains a copy of the report 

prepared by the law enforcement official who investigated the allegation, or independent medical 

verification of injury to the child. 

(2)(A) As provided in this subdivision (d)(2), juvenile courts, courts of general session, and 

circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section. 

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(B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have 

the power to bind the person over to the grand jury, as in cases of misdemeanors under the 

criminal laws of this state. Upon being bound over to the grand jury, the person may be 

prosecuted on an indictment filed by the district attorney general and, notwithstanding § 

40-13-103, a prosecutor need not be named on the indictment. 

(C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have 

the power to proceed to hear the case on its merits, without the intervention of a jury, if the 

person requests a hearing in juvenile court or general sessions court and expressly waives, 

in writing, indictment, presentment, grand jury investigation and a jury trial. 

(D) If the person enters a plea of guilty, the juvenile court or general sessions court judge 

shall sentence the person under this section. 

(E) Regardless of whether the person pleads guilty or not guilty, the circuit court or 

criminal court shall have the power to proceed to hear the case on its merits, and, if found 

guilty, to sentence the person under this section. 

(e) Except as expressly provided, the provisions of this section shall not be construed as 

repealing any provision of any other statute, but shall be supplementary to any other provision 

and cumulative of any other provision. 

(f) A violation of this section may be a lesser included offense of any kind of homicide, 

statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge 

under this section. In any case in which conduct violating this section also constitutes assault, the 

conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102, or both. 

(g) For purposes of this section, adversely affect the child's health and welfare may include, but 

not be limited to, the natural effects of starvation or dehydration. 

TENN. CODE ANN. 39-15-402. HALEY’S LAW AGGRAVATED CHILD ABUSE AND 

AGGRAVATED CHILD NEGLECT OR ENDANGERMENT DEFINITIONS 

(a) A person commits the offense of aggravated child abuse, aggravated child neglect or 

aggravated child endangerment, who commits child abuse, as defined in § 39-15-401(a); child 

neglect, as defined in § 39-15-401(b); or child endangerment, as defined in § 39-15-401(c) and: 

(1) The act of abuse, neglect or endangerment results in serious bodily injury to the child; 

(2) A deadly weapon, dangerous instrumentality or controlled substance is used to 

accomplish the act of abuse, neglect or endangerment; or 

(3) The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel, or 

involved the infliction of torture to the victim. 

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(b) A violation of this section is a Class B felony; provided, however, that, if the abused, 

neglected or endangered child is eight (8) years of age or less, or is vulnerable because the victim 

is mentally defective, mentally incapacitated or suffers from a physical disability, the penalty is a 

Class A felony. 

(c) Nothing in this part shall be construed to mean a child is abused, neglected, or endangered, 

or abused, neglected or endangered in an aggravated manner, for the sole reason the child is 

being provided treatment by spiritual means through prayer alone, in accordance with the tenets 

or practices of a recognized church or religious denomination by a duly accredited practitioner of 

the recognized church or religious denomination, in lieu of medical or surgical treatment. 

(d) “Serious bodily injury to the child” includes, but is not limited to, second- or third-degree 

burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal 

hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or 

the likelihood of permanent or protracted disfigurement, including those sustained by whipping 

children with objects. 

(e) A “dangerous instrumentality” is any item that, in the manner of its use or intended use as 

applied to a child, is capable of producing serious bodily injury to a child, as serious bodily 

injury to a child is defined in this section. 

(f) This section shall be known and may be cited as “Haley's Law.” 

TENN. CODE ANN. 40-35-111. AUTHORIZED TERMS OF IMPRISONMENT AND FINES 

FOR FELONIES AND MISDEMEANORS 

(a) A sentence for a felony is a determinate sentence. 

(b) The authorized terms of imprisonment and fines for felonies are: 

(1) Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the 

jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise 

provided by statute; 

(2) Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury 

may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise 

provided by statute; 

(3) Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, 

the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise 

provided by statute; 

(4) Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, 

the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise 

provided by statute; and 

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(5) Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury 

may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by 

statute. 

(c) A sentence to pay a fine, when imposed on a corporation for an offense defined in title 39 or 

for any offense defined in any other title for which no special corporate fine is specified, is a 

sentence to pay an amount, not to exceed: 

(1) Three hundred fifty thousand dollars ($350,000) for a Class A felony; 

(2) Three hundred thousand dollars ($300,000) for a Class B felony; 

(3) Two hundred fifty thousand dollars ($250,000) for a Class C felony; 

(4) One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and 

(5) Fifty thousand dollars ($50,000) for a Class E felony. 

If a special fine for a corporation is expressly specified in the statute which defines an offense, 

the fine fixed shall be within the limits specified in the statute. 

(d) A sentence for a misdemeanor is a determinate sentence. 

(e) The authorized terms of imprisonment and fines for misdemeanors are: 

(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a 

fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise 

provided by statute; 

(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred 

dollars ($500), or both, unless otherwise provided by statute; and 

(3) Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars 

($50.00), or both, unless otherwise provided by statute. 

(f) In order to furnish the general assembly with information necessary to make an informed 

determination as to whether the increase in the cost of living and changes in income for residents 

of Tennessee has resulted in the minimum and maximum authorized fine ranges no longer being 

commensurate with the amount of fine deserved for the offense committed, every five (5) years, 

on or before January 15, the fiscal review committee shall report to the chief clerks of the senate 

and house of representatives of the general assembly the percentage of change in the average 

consumer price index (all items-city average) as published by the United States department of 

labor, bureau of labor statistics and shall inform the general assembly what the statutory 

minimum and maximum authorized fine for each offense classification would be if adjusted to 

reflect the compounded cost-of-living increases during the five-year period. 

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TEXAS 

TEX. PENAL CODE ANN. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR 

DISABLED INDIVIDUAL 

(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal 

negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, 

elderly individual, or disabled individual: 

(1) serious bodily injury; 

(2) serious mental deficiency, impairment, or injury;  or

(3) bodily injury. 

(a-1) A person commits an offense if the person is an owner, operator, or employee of a group 

home, nursing facility, assisted living facility, intermediate care facility for persons with mental 

retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, 

or with criminal negligence by omission causes to a child, elderly individual, or disabled 

individual who is a resident of that group home or facility: 

(1) serious bodily injury; 

(2) serious mental deficiency, impairment, or injury;  or

(3) bodily injury. 

(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), 

(2), or (3) is conduct constituting an offense under this section if: 

(1) the actor has a legal or statutory duty to act;  or

(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled 

individual. 

(c) In this section: 

(1) “Child” means a person 14 years of age or younger. 

(2) “Elderly individual” means a person 65 years of age or older. 

(3) “Disabled individual” means a person: 

(A) with one or more of the following: 

(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; 

(ii) developmental disability, as defined by Section 112.042, Human 

Resources Code; 

(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; 

(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;  or

(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code;  or

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(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or 

(B) who otherwise by reason of age or physical or mental disease, defect, or injury is 

substantially unable to protect the person's self from harm or to provide food, shelter, or 

medical care for the person's self. 

(4) [Repealed by Acts 2011, 82nd Leg., ch. 620 (S.B. 688), § 11, effective 

September 1, 2011.] 

(d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or 

(3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct 

acted so as to cause a reasonable person to conclude that he has accepted responsibility for 

protection, food, shelter, and medical care for a child, elderly individual, or disabled individual. 

For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), 

the actor acting during the actor's capacity as owner, operator, or employee of a group home or 

facility described by Subsection (a-1) is considered to have accepted responsibility for 

protection, food, shelter, and medical care for the child, elderly individual, or disabled individual 

who is a resident of the group home or facility. 

(e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree 

when the conduct is committed intentionally or knowingly. When the conduct is engaged in 

recklessly, the offense is a felony of the second degree. 

(f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the 

conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) 

is a felony of the second degree when the conduct is committed intentionally or knowingly and 

the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and 

Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is 

an employee of the center or facility whose employment involved providing direct care for the 

victim. When the conduct is engaged in recklessly, the offense is a state jail felony. 

(g) An offense under Subsection (a) is a state jail felony when the person acts with criminal 

negligence. An offense under Subsection (a-1) is a state jail felony when the person, with 

criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or 

(3). 

(h) A person who is subject to prosecution under both this section and another section of this 

code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal 

episodes prosecuted under both this section and another section of this code. If a criminal 

episode is prosecuted under both this section and another section of this code and sentences are 

assessed for convictions under both sections, the sentences shall run concurrently. 

(i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the 

actor: 

(1) notified in person the child, elderly individual, or disabled individual that he would no 

longer provide any of the care described by Subsection (d);  and

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(2) notified in writing the parents or person other than himself acting in loco parentis to the 

child, elderly individual, or disabled individual that he would no longer provide any of the 

care described by Subsection (d);  or

(3) notified in writing the Department of Protective and Regulatory Services that he would no 

longer provide any of the care set forth in Subsection (d). 

(j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the 

name and address of the actor, the name and address of the child, elderly individual, or disabled 

individual, the type of care provided by the actor, and the date the care was discontinued. 

(k) It is a defense to prosecution under this section that the act or omission consisted of: 

(1) reasonable medical care occurring under the direction of or by a licensed physician;  or

(2) emergency medical care administered in good faith and with reasonable care by a person 

not licensed in the healing arts. 

(l) It is an affirmative defense to prosecution under this section: 

(1) that the act or omission was based on treatment in accordance with the tenets and 

practices of a recognized religious method of healing with a generally accepted record of 

efficacy; 

(2) for a person charged with an act of omission causing to a child, elderly individual, or 

disabled individual a condition described by Subsection (a)(1), (2), or (3) that: 

(A) there is no evidence that, on the date prior to the offense charged, the defendant was 

aware of an incident of injury to the child, elderly individual, or disabled individual and 

failed to report the incident;  and

(B) the person: 

(i) was a victim of family violence, as that term is defined by Section 71.004, Family 

Code, committed by a person who is also charged with an offense against the child, 

elderly individual, or disabled individual under this section or any other section of this 

title; 

(ii) did not cause a condition described by Subsection (a)(1), (2), or (3);  and

(iii) did not reasonably believe at the time of the omission that an effort to prevent the 

person also charged with an offense against the child, elderly individual, or disabled 

individual from committing the offense would have an effect;  or

(3) that: 

(A) the actor was not more than three years older than the victim at the time of the 

offense; and

(B) the victim was a nondisabled or disabled child at the time of the offense. 

(m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to 

a disabled individual that the person did not know and could not reasonably have known that the 

individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 

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TEX. PENAL CODE ANN. 12.32. FIRST DEGREE FELONY PUNISHMENT 

(a) An individual adjudged guilty of a felony of the first degree shall be punished by 

imprisonment in the Texas Department of Criminal Justice for life or for any term of not more 

than 99 years or less than 5 years. 

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may 

be punished by a fine not to exceed $10,000. 

TEX. PENAL CODE ANN. 12.33. SECOND DEGREE FELONY PUNISHMENT 

(a) An individual adjudged guilty of a felony of the second degree shall be punished by 

imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 

years or less than 2 years. 

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree 

may be punished by a fine not to exceed $10,000. 

TEX. PENAL CODE ANN. 12.34. THIRD DEGREE FELONY PUNISHMENT 

(a) An individual adjudged guilty of a felony of the third degree shall be punished by 

imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 

years or less than 2 years. 

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree 

may be punished by a fine not to exceed $10,000. 

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UTAH 

UTAH CODE ANN. 76-5-109. CHILD ABUSE—CHILD ABANDONMENT 

(1) As used in this section: 

(a) "Child" means a human being who is under 18 years of age. 

(b) (i) "Child abandonment" means that a parent or legal guardian of a child: 

(A) intentionally ceases to maintain physical custody of the child; 

(B) intentionally fails to make reasonable arrangements for the safety, care, and 

physical custody of the child; and 

(C) (I) intentionally fails to provide the child with food, shelter, or clothing; 

(II) manifests an intent to permanently not resume physical custody of the 

child; or 

(III) for a period of at least 30 days: 

(Aa) intentionally fails to resume physical custody of the child; and 

(Bb) fails to manifest a genuine intent to resume physical custody of 

the child. 

(ii) "Child abandonment" does not include: 

(A) safe relinquishment of a child pursuant to the provisions of Section 62A-4a802; or 

(B) giving legal consent to a court order for termination of parental rights: 

(I) in a legal adoption proceeding; or 

(II) in a case where a petition for the termination of parental rights, or the 

termination of a guardianship, has been filed. 

(c) "Child abuse" means any offense described in Subsection (2), (3), or (4) or in 

Section 76-5-109.1. 

(d) "Enterprise" is as defined in Section 76-10-1602. 

(e) "Physical injury" means an injury to or condition of a child which impairs the physical 

condition of the child, including: 

(i) a bruise or other contusion of the skin; 

(ii) a minor laceration or abrasion; 

(iii) failure to thrive or malnutrition; or 

(iv) any other condition which imperils the child's health or welfare and which is not a 

serious physical injury as defined in Subsection (1)(f). 

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(f) (i) "Serious physical injury" means any physical injury or set of injuries that: 

(A) seriously impairs the child's health; 

(B) involves physical torture; 

(C) causes serious emotional harm to the child; or 

(D) involves a substantial risk of death to the child. 

(ii) "Serious physical injury" includes: 

(A) fracture of any bone or bones; 

(B) intracranial bleeding, swelling or contusion of the brain, whether caused by 

blows, shaking, or causing the child's head to impact with an object or surface; 

(C) any burn, including burns inflicted by hot water, or those caused by placing a 

hot object upon the skin or body of the child; 

(D) any injury caused by use of a dangerous weapon as defined in Section 76-1-

601; 

(E) any combination of two or more physical injuries inflicted by the same person, 

either at the same time or on different occasions; 

(F) any damage to internal organs of the body; 

(G) any conduct toward a child that results in severe emotional harm, severe 

developmental delay or intellectual disability, or severe impairment of the 

child's ability to function; 

(H) any injury that creates a permanent disfigurement or protracted loss or 

impairment of the function of a bodily member, limb, or organ; 

(I) any impediment of the breathing or the circulation of blood by application of 

pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, 

that is likely to produce a loss of consciousness; 

(J) any conduct that results in starvation or failure to thrive or malnutrition that 

jeopardizes the child's life; or 

(K) unconsciousness caused by the unlawful infliction of a brain injury or 

unlawfully causing any deprivation of oxygen to the brain. 

(2) Any person who inflicts upon a child serious physical injury or, having the care or custody 

of such child, causes or permits another to inflict serious physical injury upon a child is 

guilty of an offense as follows: 

(a) if done intentionally or knowingly, the offense is a felony of the second degree; 

(b) if done recklessly, the offense is a felony of the third degree; or 

(c) if done with criminal negligence, the offense is a class A misdemeanor. 

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(3) Any person who inflicts upon a child physical injury or, having the care or custody of such 

child, causes or permits another to inflict physical injury upon a child is guilty of an offense 

as follows: 

(a) if done intentionally or knowingly, the offense is a class A misdemeanor; 

(b) if done recklessly, the offense is a class B misdemeanor; or 

(c) if done with criminal negligence, the offense is a class C misdemeanor. 

(4) A person who commits child abandonment, or encourages or causes another to commit child 

abandonment, or an enterprise that encourages, commands, or causes another to commit 

child abandonment, is: 

(a) except as provided in Subsection (4)(b), guilty of a felony of the third degree; or 

(b) guilty of a felony of the second degree, if, as a result of the child abandonment: 

(i) the child suffers a serious physical injury; or 

(ii) the person or enterprise receives, directly or indirectly, any benefit. 

(5) (a) In addition to the penalty described in Subsection (4)(b), the court may order the person 

or enterprise described in Subsection (4)(b)(ii) to pay the costs of investigating and 

prosecuting the offense and the costs of securing any forfeiture provided for under 

Subsection (5)(b). 

(b) Any tangible or pecuniary benefit received under Subsection (4)(b)(ii) is subject to 

criminal or civil forfeiture pursuant to Title 24, Forfeiture and Disposition of Property 

Act. 

(6) A parent or legal guardian who provides a child with treatment by spiritual means alone 

through prayer, in lieu of medical treatment, in accordance with the tenets and practices of 

an established church or religious denomination of which the parent or legal guardian is a 

member or adherent shall not, for that reason alone, be considered to have committed an 

offense under this section. 

(7) A parent or guardian of a child does not violate this section by selecting a treatment option 

for the medical condition of the child, if the treatment option is one that a reasonable parent 

or guardian would believe to be in the best interest of the child. 

(8) A person is not guilty of an offense under this section for conduct that constitutes: 

(a) reasonable discipline or management of a child, including withholding privileges; 

(b) conduct described in Section 76-2-401; or 

(c) the use of reasonable and necessary physical restraint or force on a child: 

(i) in self-defense; 

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(ii) in defense of others; 

(iii) to protect the child; or 

(iv) to remove a weapon in the possession of a child for any of the reasons described in 

Subsections (8)(c)(i) through (iii). 

UTAH CODE ANN. 76-3-203. FELONY CONVICTION—INDETERMINATE TERM OF 

IMPRISONMENT 

A person who has been convicted of a felony may be sentenced to imprisonment for an 

indeterminate term as follows: 

(1) In the case of a felony of the first degree, unless the statute provides otherwise, for a term of 

not less than five years and which may be for life. 

(2) In the case of a felony of the second degree, unless the statute provides otherwise, for a term 

of not less than one year nor more than 15 years. 

(3) In the case of a felony of the third degree, unless the statute provides otherwise, for a term 

not to exceed five years. 

UTAH CODE ANN. 76-5-110. ABUSE OR NEGLECT OF A CHILD WITH A DISABILITY 

(1) As used in this section: 

(a) "Abuse" means: 

(i) inflicting physical injury, as that term is defined in Section 76-5-109; 

(ii) having the care or custody of a child with a disability, causing or permitting another 

to inflict physical injury, as that term is defined in Section 76-5-109; or 

(iii) unreasonable confinement. 

(b) "Caretaker" means: 

(i) any parent, legal guardian, or other person having under that person's care and 

custody a child with a disability; or 

(ii) any person, corporation, or public institution that has assumed by contract or court 

order the responsibility to provide food, shelter, clothing, medical, and other 

necessities to a child with a disability. 

(c) "Child with a disability" means any person under 18 years of age who is impaired 

because of mental illness, mental deficiency, physical illness or disability, or other cause, 

to the extent that the person is unable to care for the person's own personal safety or to 

provide necessities such as food, shelter, clothing, and medical care. 

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(d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter, 

supervision, or medical care. 

(2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects a child with a 

disability is guilty of a third degree felony. 

(3)(a) A parent or legal guardian who provides a child with treatment by spiritual means alone 

through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an 

established church or religious denomination of which the parent or legal guardian is a member 

or adherent shall not, for that reason alone, be considered to be in violation under this section. 

(b) Subject to Subsection 78A-6-117(2)(n)(iii), the exception under Subsection (3)(a) does not 

preclude a court from ordering medical services from a physician licensed to engage in the 

practice of medicine to be provided to the child where there is substantial risk of harm to the 

child's health or welfare if the treatment is not provided. 

(c) A caretaker of a child with a disability does not violate this section by selecting a treatment 

option for a medical condition of a child with a disability, if the treatment option is one that a 

reasonable caretaker would believe to be in the best interest of the child with a disability. 

UTAH CODE ANN. 76-3-204. MISDEMEANOR CONVICTION—TERM OF 

IMPRISONMENT 

A person who has been convicted of a misdemeanor may be sentenced to imprisonment as 

follows: 

(1) In the case of a class A misdemeanor, for a term not exceeding one year; 

(2) In the case of a class B misdemeanor, for a term not exceeding six months; 

(3) In the case of a class C misdemeanor, for a term not exceeding 90 days. 

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VERMONT 

VT. STAT. ANN. TIT. 13, S 1304. CRUELTY TO A CHILD 

(a) A person over 16 years of age, having the custody, charge or care of a child, who willfully 

assaults, ill treats, neglects, or abandons or exposes such child, or causes or procures such child 

to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner to cause such child 

unnecessary suffering, or to endanger his or her health, shall be imprisoned not more than two 

years or fined not more than $500.00, or both. 

(b)(1) If the child suffers death, or serious bodily injury as defined in subdivision 1021(2) of this 

title, or is subjected to sexual conduct as defined in subdivision 2821(2) of this title, the person 

shall be imprisoned not more than ten years or fined not more than $20,000.00, or both. 

(2) It shall be an affirmative defense to a charge under this subsection (b), if proven by a 

preponderance of the evidence, that the defendant engaged in the conduct set forth in 

subsection (a) of this section because of a reasonable fear that he or she or another person 

would suffer death, bodily injury, or serious bodily injury as defined in section 1021 of this 

title, or sexual assault in violation of chapter 72 of this title. 

(c) The provisions of this section do not limit or restrict the prosecution for other offenses arising 

out of the same conduct, nor shall it limit or restrict defenses available under common law. 

VT. STAT. ANN. TIT. 13, 1305. CRUELTY BY PERSON HAVING CUSTODY OF 

ANOTHER 

A person having the custody, charge, care or control of another person, who inflicts unnecessary 

cruelty upon such person, or unnecessarily and cruelly fails to provide such person with proper 

food, drink, shelter or protection from the weather, or unnecessarily and cruelly neglects to 

properly care for such person, shall be imprisoned not more than one year or fined not more than 

$200.00, or both. 

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VIRGINIA 

VA. CODE ANN. 18.2-371.1. ABUSE AND NEGLECT OF CHILDREN; PENALTY; 

ABANDONED INFANT 

A. Any parent, guardian, or other person responsible for the care of a child under the age of 18 

who by willful act or willful omission or refusal to provide any necessary care for the child's 

health causes or permits serious injury to the life or health of such child is guilty of a Class 4 

felony. For purposes of this subsection, "serious injury" includes but is not limited to (i) 

disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) 

forced ingestion of dangerous substances, and (vii) life-threatening internal injuries. For 

purposes of this subsection, "willful act or willful omission" includes operating or engaging in 

the conduct of a child welfare agency as defined in § 63.2-100 without first obtaining a license 

such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 or after such 

license has been revoked or has expired and not been renewed. 

B. 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 

whose willful act or omission in the care of such child was so gross, wanton, and culpable as to 

show a reckless disregard for human life is guilty of a Class 6 felony. 

2. If a prosecution under this subsection is based solely on the accused parent having left the 

child at a hospital or emergency medical services agency, it shall be an affirmative defense to 

prosecution of a parent under this subsection that such parent safely delivered the child to a 

hospital that provides 24-hour emergency services or to an attended emergency medical 

services agency that employs emergency medical services personnel, within the first 14 days 

of the child's life. In order for the affirmative defense to apply, the child shall be delivered in a 

manner reasonably calculated to ensure the child's safety. 

C. Any parent, guardian, or other person having care, custody, or control of a minor child who in 

good faith is under treatment solely by spiritual means through prayer in accordance with the 

tenets and practices of a recognized church or religious denomination shall not, for that reason 

alone, be considered in violation of this section. 

VA. CODE ANN. 18.2-10. PUNISHMENT FOR CONVICTION OF FELONY; PENALTY 

The authorized punishments for conviction of a felony are: 

(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time 

of the offense and is not determined to be a person with intellectual disability pursuant to § 19.2-

264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than 

$100,000. If the person was under 18 years of age at the time of the offense or is determined to 

be a person with intellectual disability pursuant to § 19.2-264.3:1.1, the punishment shall be 

imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. 

244 
 

 

(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject 

to subdivision (g), a fine of not more than $100,000. 

(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 

years and, subject to subdivision (g), a fine of not more than $100,000. 

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 

years and, subject to subdivision (g), a fine of not more than $100,000. 

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, 

or in the discretion of the jury or the court trying the case without a jury, confinement in jail for 

not more than 12 months and a fine of not more than $2,500, either or both. 

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five 

years, or in the discretion of the jury or the court trying the case without a jury, confinement in 

jail for not more than 12 months and a fine of not more than $2,500, either or both. 

(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a 

sentence of death is imposed, the court shall impose either a sentence of imprisonment together 

with a fine, or imprisonment only. However, if the defendant is not a natural person, the court 

shall impose only a fine. 

For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or 

after July 1, 2000, shall, except in cases in which the court orders a suspended term of 

confinement of at least six months, impose an additional term of incarceration of not less than six 

months nor more than three years, which shall be suspended conditioned upon successful 

completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with 

such other terms as the sentencing court may require. However, such additional term may only 

be imposed when the sentence includes an active term of incarceration in a correctional facility. 

For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-

370.2, the sentencing court is authorized to impose the punishment set forth in that section in 

addition to any other penalty provided by law. 

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VIRGIN ISLANDS 

V.I. CODE ANN. TIT. 14, 505. CHILD ABUSE 

Any person who abuses a child, or who knowingly or recklessly causes a child to suffer physical, 

mental or emotional injury, or who knowingly or recklessly causes a child to be placed in a 

situation where it is reasonably foreseeable that a child may suffer physical, mental or emotional 

injury or be deprived of any of the basic necessities of life, shall be punished by a fine of not less 

than $500, or by imprisonment of not more than 20 years, or both. 

V.I. CODE ANN. TIT. 14, 506. AGGRAVATED CHILD ABUSE AND NEGLECT 

A person perpetrates an act of aggravated child abuse or neglect when: 

(1) the child suffers serious physical injury; or 

(2) the child suffers serious mental or emotional injury; or 

(3) the child dies from such abuse or neglect. A person who is convicted of aggravated child 

abuse or neglect shall be punished by imprisonment of not less than 5 years but not more 

than 30 years. 

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WASHINGTON 

WASH. REV. CODE ANN. 9A.36.120. ASSAULT OF A CHILD IN THE FIRST DEGREE 

(1) A person eighteen years of age or older is guilty of the crime of assault of a child in the first 

degree if the child is under the age of thirteen and the person: 

(a) Commits the crime of assault in the first degree, as defined in RCW 9A.36.011, against the 

child; or 

(b) Intentionally assaults the child and either: 

(i) Recklessly inflicts great bodily harm; or 

(ii) Causes substantial bodily harm, and the person has previously engaged in a pattern or 

practice either of (A) assaulting the child which has resulted in bodily harm that is greater 

than transient physical pain or minor temporary marks, or (B) causing the child physical 

pain or agony that is equivalent to that produced by torture. 

(2) Assault of a child in the first degree is a class A felony. 

WASH. REV. CODE ANN. 9A.36.130. ASSAULT OF A CHILD IN THE SECOND DEGREE 

(1) A person eighteen years of age or older is guilty of the crime of assault of a child in the 

second degree if the child is under the age of thirteen and the person: 

(a) Commits the crime of assault in the second degree, as defined in RCW 9A.36.021, against 

a child; or 

(b) Intentionally assaults the child and causes bodily harm that is greater than transient 

physical pain or minor temporary marks, and the person has previously engaged in a pattern 

or practice either of (i) assaulting the child which has resulted in bodily harm that is greater 

than transient pain or minor temporary marks, or (ii) causing the child physical pain or agony 

that is equivalent to that produced by torture. 

(2) Assault of a child in the second degree is a class B felony. 

WASH. REV. CODE ANN. 9A.36.140. ASSAULT OF A CHILD IN THE THIRD DEGREE 

(1) A person eighteen years of age or older is guilty of the crime of assault of a child in the third 

degree if the child is under the age of thirteen and the person commits the crime of assault in the 

third degree as defined in RCW 9A.36.031(1) (d) or (f) against the child. 

(2) Assault of a child in the third degree is a class C felony. 

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WASH. REV. CODE ANN. 9A.20.021. MAXIMUM SENTENCES FOR CRIMES 

COMMITTED JULY 1, 1984, AND AFTER 

(1) Felony. Unless a different maximum sentence for a classified felony is specifically 

established by a statute of this state, no person convicted of a classified felony shall be punished 

by confinement or fine exceeding the following: 

(a) For a class A felony, by confinement in a state correctional institution for a term of life 

imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by 

both such confinement and fine; 

(b) For a class B felony, by confinement in a state correctional institution for a term of ten 

years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such 

confinement and fine; 

(c) For a class C felony, by confinement in a state correctional institution for five years, or by 

a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement 

and fine. 

(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in 

Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed 

by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court 

of not more than five thousand dollars, or by both such imprisonment and fine. 

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be 

punished by imprisonment in the county jail for a maximum term fixed by the court of not more 

than ninety days, or by a fine in an amount fixed by the court of not more than one thousand 

dollars, or by both such imprisonment and fine. 

(4) This section applies to only those crimes committed on or after July 1, 1984. 

(5) The fines in this section apply to adult offenders only. 

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WEST VIRGINIA 

W. VA. CODE ANN. 61-8D-3. CHILD ABUSE RESULTING IN INJURY; CHILD ABUSE 

CREATING RISK OF INJURY; CRIMINAL PENALTIES 

(a) If any parent, guardian or custodian shall abuse a child and by such abuse cause such child 

bodily injury as such term is defined in section one, article eight-b of this chapter, then such 

parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be 

fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility for 

not less than one nor more than five years, or in the discretion of the court, be confined in jail for 

not more than one year. 

(b) If any parent, guardian or custodian shall abuse a child and by such abuse cause said child 

serious bodily injury as such term is defined in section one, article eight-b of this chapter, then 

such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall 

be fined not less than $l,000 nor more than $5,000 and committed to the custody of the Division 

of Corrections not less than two nor more than ten years. 

(c) Any parent, guardian or custodian who abuses a child and by the abuse creates a substantial 

risk of death or serious bodily injury, as serious bodily injury is defined in section one, article 

eight-b of this chapter, to the child is guilty of a felony and, upon conviction thereof, shall be 

fined not more than $3,000 or imprisoned in a state correctional facility for not less than one nor 

more than five years, or both. 

(d)(l) If a parent, guardian or custodian who has not previously been convicted under this 

section, section four of this article or a law of another state or the federal government with the 

same essential elements abuses a child and by the abuse creates a substantial risk of bodily 

injury, as bodily injury is defined in section one; article eight of this chapter, to the child is 

guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more 

than $1,000 or confined in jail not more than six months, or both, 

(2) For a second offense under this subsection or for a person with one prior conviction under 

this section, section four of this article or a law of another state or the federal government 

with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor 

and, upon conviction thereof, shall be fined not more than $1,500 and confined in jail not less 

than thirty days nor more than one year, or both. 

(3) For a third or subsequent offense under this subsection or for a person with two or more 

prior convictions under this section, section four of this article or a law of another state or the 

federal government with the same essential elements, the parent, guardian or custodian is 

guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and 

imprisoned in a state correctional facility not less than one year nor more than three years, or 

both. 

249 
(e) Any person convicted of a misdemeanor offense under this section: 

(1) May be required to complete parenting classes, substance abuse counseling, anger 

management counseling, or other appropriate services, or any combination thereof, as 

determined by Department of Health and Human Resources, Bureau for Children and 

Families through its services assessment evaluation, which shall be submitted to the court of 

conviction upon written request; 

(2) Shall not be required to register pursuant to article thirteen, chapter fifteen of this code; 

and 

(3) Shall not, solely by virtue of the conviction, have their custody, visitation or parental 

rights automatically restricted. 

(f) Nothing in this section shall preclude a parent, guardian or custodian from providing 

reasonable discipline to a child. 

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WISCONSIN 

WIS. STAT. ANN. 948.03. PHYSICAL ABUSE OF A CHILD 

(1) DEFINITIONS. In this section, "recklessly" means conduct which creates a situation of 

unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child. 

(2) INTENTIONAL CAUSATION OF BODILY HARM 

(a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony. 

(b) Whoever intentionally causes bodily harm to a child is guilty of a Class H felony. 

(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high 

probability of great bodily harm is guilty of a Class F felony. 

(3) RECKLESS CAUSATION OF BODILY HARM 

(a) Whoever recklessly causes great bodily harm to a child is guilty of a Class E felony. 

(b) Whoever recklessly causes bodily harm to a child is guilty of a Class I felony. 

(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high 

probability of great bodily harm is guilty of a Class H felony. 

(4) FAILING TO ACT TO PREVENT BODILY HARM 

(a) A person responsible for the child's welfare is guilty of a Class F felony if that person has 

knowledge that another person intends to cause, is causing or has intentionally or recklessly 

caused great bodily harm to the child and is physically and emotionally capable of taking 

action which will prevent the bodily harm from occurring or being repeated, fails to take that 

action and the failure to act exposes the child to an unreasonable risk of great bodily harm by 

the other person or facilitates the great bodily harm to the child that is caused by the other 

person. 

(b) A person responsible for the child's welfare is guilty of a Class H felony if that person has 

knowledge that another person intends to cause, is causing or has intentionally or recklessly 

caused bodily harm to the child and is physically and emotionally capable of taking action 

which will prevent the bodily harm from occurring or being repeated, fails to take that action 

and the failure to act exposes the child to an unreasonable risk of bodily harm by the other 

person or facilitates the bodily harm to the child that is caused by the other person. 

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(5) Engaging in repeated acts of physical abuse of the same child. 

(a) Whoever commits 3 or more violations under sub. (2), (3), or (4) within a specified period 

involving the same child is guilty of the following: 

1. A Class A felony if at least one violation caused the death of the child. 

2. A Class B felony if at least 2 violations were violations of sub. (2) (a). 

3. A Class C felony if at least one violation resulted in great bodily harm to the child. 

4. A Class D felony if at least one violation created a high probability of great bodily 

harm to the child. 

5. A Class E felony. 

(b) If an action under par. (a) is tried to a jury, in order to find the defendant guilty the 

members of the jury must unanimously agree that at least 3 violations of sub. (2), (3), or (4) 

occurred within the specified period but need not agree on which acts constitute the requisite 

number. 

(c) The state may not charge in the same action a defendant with a violation of this 

subsection and with a violation involving the same child under sub. (2), (3), or (4), unless the 

other violation occurred outside of the period applicable under par. (a). This paragraph does 

not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged 

with a violation of this subsection. 

(6) TREATMENT THROUGH PRAYER. A person is not guilty of an offense under this section 

solely because he or she provides a child with treatment by spiritual means through prayer alone 

for healing in accordance with the religious method of healing permitted under s. 48.981 (3) (c) 

4. or 448.03 (6) in lieu of medical or surgical treatment. 

WIS. STAT. ANN. 939.50. CLASSIFICATION OF FELONIES 

(1) Felonies in the statutes are classified as follows: 

(a) Class A felony. 

(b) Class B felony. 

(c) Class C felony. 

(d) Class D felony. 

(e) Class E felony. 

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(f) Class F felony. 

(g) Class G felony. 

(h) Class H felony. 

(i) Class I felony. 

(2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes. 

(3) Penalties for felonies are as follows: 

(a) For a Class A felony, life imprisonment. 

(b) For a Class B felony, imprisonment not to exceed 60 years. 

(c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 

years, or both. 

(d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 

years, or both. 

(e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, 

or both. 

(f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years 

and 6 months, or both. 

(g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 

years, or both. 

(h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, 

or both. 

(i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years 

and 6 months, or both. 

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WYOMING 

WYO. STAT. ANN. 6-2-503. CHILD ABUSE; PENALTY 

(a) A person who is not responsible for a child's welfare as defined by W.S. 14-3-202(a)(i), is 

guilty of child abuse, a felony punishable by imprisonment for not more than ten (10) years, if: 

(i) The actor is an adult or is at least six (6) years older than the victim; and 

(ii) The actor intentionally or recklessly inflicts upon a child under the age of sixteen (16) 

years: 

(A) Physical injury as defined in W.S. 14-3-202(a)(ii)(B); 

(B) Mental injury as defined in W.S. 14-3-202(a)(ii)(A); or 

(C) Torture or cruel confinement. 

(b) A person is guilty of child abuse, a felony punishable by imprisonment for not more than ten 

(10) years, if a person responsible for a child's welfare as defined in W.S. 14-3-202(a)(i) 

intentionally or recklessly inflicts upon a child under the age of eighteen (18) years: 

(i) Physical injury as defined in W.S. 14-3-202(a)(ii)(B), excluding reasonable corporal 

punishment; 

(ii) Mental injury as defined in W.S. 14-3-202(a)(ii)(A); or 

(iii) Torture or cruel confinement. 

(c) Aggravated child abuse is a felony punishable by imprisonment for not more than twenty-five 

(25) years if in the course of committing the crime of child abuse, as defined in subsection (a) or 

(b) of this section, the person intentionally or recklessly inflicts serious bodily injury upon the 

victim or the person intentionally inflicts substantial mental or emotional injury upon the victim 

by the torture or cruel confinement of the victim. 

WYO. STAT. ANN. 14-3-202. DEFINITIONS 

(a) As used in W.S. 14-3-201 through 14-3-216: 

(i) "A person responsible for a child's welfare" includes the child's parent, noncustodial 

parent, guardian, custodian, stepparent, foster parent or other person, institution or agency 

having the physical custody or control of the child; 

(ii) "Abuse" means inflicting or causing physical or mental injury, harm or imminent danger 

to the physical or mental health or welfare of a child other than by accidental means, 

254 
 

 

including abandonment, unless the abandonment is a relinquishment substantially in 

accordance with W.S. 14-11-101 through 14-11-109, excessive or unreasonable corporal 

punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional 

neglect, and the commission or allowing the commission of a sexual offense against a child as 

defined by law: 

(A) "Mental injury" means an injury to the psychological capacity or emotional stability of 

a child as evidenced by an observable or substantial impairment in his ability to function 

within a normal range of performance and behavior with due regard to his culture; 

(B) "Physical injury" means any harm to a child including but not limited to disfigurement, 

impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising 

associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, 

subdural hematoma or substantial malnutrition; 

(C) "Substantial risk" means a strong possibility as contrasted with a remote or 

insignificant possibility; 

(D) "Imminent danger" includes threatened harm and means a statement, overt act, 

condition or status which represents an immediate and substantial risk of sexual abuse or 

physical or mental injury. "Imminent danger" includes violation of W.S. 31-5-233(m). 

(iii) "Child" means any person under the age of eighteen (18); 

(iv) "Child protective agency" means the field or regional offices of the department of family 

services; 

(v) "Court proceedings" means child protective proceedings which have as their purpose the 

protection of a child through an adjudication of whether the child is abused or neglected, and the 

making of an appropriate order of disposition; 

(vi) "Institutional child abuse and neglect" means situations of child abuse or neglect where a 

foster home or other public or private residential home, institution or agency is responsible for 

the child's welfare; 

(vii) "Neglect" means a failure or refusal by those responsible for the child's welfare to provide 

adequate care, maintenance, supervision, education or medical, surgical or any other care 

necessary for the child's wellbeing. Treatment given in good faith by spiritual means alone, 

through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a 

recognized church or religious denomination is not child neglect for that reason alone; 

(viii) "State agency" means the state department of family services; 

(ix) "Subject of the report" means any child reported under W.S. 14-3-201 through 14-3-216 or 

the child's parent, guardian or other person responsible for the child's welfare; 

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(x) "Unsubstantiated report" means any report made pursuant to W.S. 14-3-201 through 14-3-

216 that, upon investigation, is not supported by a preponderance of the evidence; 

(xi) "Substantiated report" means any report of child abuse or neglect made pursuant to W.S. 14-

3-201 through 14-3-216 that, upon investigation, is supported by a preponderance of the 

evidence; 

(xii) Repealed by Laws 2002, Ch. 86, 3. 

(xiii) Repealed By Laws 2002, Ch. 86, 3. 

(xiv) Repealed By Laws 2002, Ch. 86, 3. 

(xv) "Collaborative" means the interagency children's collaborative created by W.S. 14-3-215; 

(xvi) "Department" means the state department of family services and its local offices; 

(xvii) "Transportation" means the provision of a means to convey the child from one place to 

another by the custodian or someone acting on his behalf in the performance of required duties, 

but does not require the state to provide incidental travel or to purchase a motor vehicle for the 

child's own use to travel. 

256 
NCJ 255614 

257