‘‘§ 2259. Child endangerment and abuse
‘‘(a) Whoever, in the special maritime and territorial
jurisdiction of the United States—
‘‘(1) inflicts any physical injury upon a minor;
or
‘‘(2) having the care or custody of a minor, per-
mits another to inflict any physical injury upon that
minor;
shall be punished as provided in subsection (b) of this
section.
‘‘(b) The punishment for an offense under this sec-
tion is—
‘‘(1) if the injury is a serious physical injury
and the conduct required for the offense is commit-
ted—
‘‘(A) intentionally or knowingly, a fine
under this title or imprisonment for not more
than 20 years, or both;
‘‘(B) recklessly, a fine under this title or
imprisonment for not more than 10 years, or
both; or
‘‘(C) with criminal negligence, a fine under
this title or imprisonment for not more than 5
years, or both; and
‘‘(2) if the injury is other than a serious phys-
ical injury and the conduct required for the offense
is committed—
‘‘(A) intentionally or knowingly, a fine
under this title or imprisonment for not more
than one year, or both;
‘‘(B) recklessly, a fine under this title or
imprisonment for not more than 6 months, or
both; or
‘‘(C) with criminal negligence, a fine under
this title or imprisonment for not more than 3
months, or both.
‘‘(c) As used in this section—
‘‘(1) the term ‘physical injury’ means an injury
to or condition of a minor that impairs the physical
condition of the minor, including—
‘‘(A) a bruise or other contusion of the
skin;
‘‘(B) a minor laceration or abrasion;
‘‘(C) failure to thrive or malnutrition; and
‘‘(D) any other condition which imperils
the child’s health or welfare [and which is not
a serious physical injury as defined in this sec-
tion]; and
‘‘(2) the term ‘serious physical injury’ means
any physical injury or set of injuries which seriously
impairs the child’s health, or which involves physical
torture or causes serious emotional harm to the
child, or which involves a substantial risk of death
to the child, including—
‘‘(A) fracture of any bone or bones;
‘‘(B) intracranial bleeding, swelling or con-
tusion 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 ob-
ject upon the skin or body of the child;
‘‘(D) any injury caused by use of a deadly
or dangerous weapon;
‘‘(E) any combination of 2 or more phys-
ical 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 which re-
sults in severe emotional harm, severe devel-
opmental delay or retardation, or severe impair-
ment of the child’s ability to function;
‘‘(H) any injury which creates a permanent
disfigurement or protracted loss or impairment
of the function of a bodily member, limb, or
organ;
‘‘(I) any conduct which causes a child to
cease breathing, even if resuscitation is success-
ful following the conduct; or
‘‘(J) any conduct which results in starva-
tion or failure to thrive or malnutrition that
jeopardizes the child’s life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘2259. Child endangerment and abuse.’’.
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