GA Code § 16-5-70 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 5 - Cruelty to Children|§ 16-5-70. Cruelty to Children

  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.   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.   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.   Any person commits the offense of cruelty to children in the third degree when:   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   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.       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.   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.   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.      (Ga. L. 1878-79, p. 162, § 3; Code 1882, § 4612h; Penal Code 1895, § 708; Penal Code 1910, § 758; Code 1933, § 26-8001; Code 1933, § 26-2801, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1978, p. 228, § 1; Ga. L. 1981, p. 683, § 1; Ga. L. 1995, p. 957, § 2; Ga. L. 1996, p. 1071, § 1; Ga. L. 1999, p. 381, § 6; Ga. L. 2004, p. 57, § 3.)   Cross references.   - Televising testimony of child who is victim of offense under subsection (b) of this Code section, § 17-8-55.    Requirements regarding reporting instances of child abuse, § 19-7-5.    Administration of corporal punishment in schools, §§ 20-2-731,20-2-732.   Editor's notes.   - Ga. L. 1995, p. 957, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Child Protection Act of 1995'."   Ga. L. 1999, p. 381, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crimes Against Family Members Act of 1999'."   Ga. L. 1999, p. 381, § 7, not codified by the General Assembly, provides that: "Nothing herein shall be construed to validate a relationship between people of the same sex as a 'marriage' under the laws of this State."   Ga. L. 2004, p. 57, § 1, not codified by the General Assembly, provides that: "The General Assembly seeks to protect the well-being of this state's children while preserving the integrity of family discipline. The General Assembly believes that balancing the protection of the health and safety of this state's children, while preserving a parent's right to discipline his or her child, is important to all Georgians and vital to the safety of this state's children."   Ga. L. 2004, p. 57, § 6, not codified by the General Assembly, provides that the amendment by that Act shall apply to all crimes which occur on or after July 1, 2004.   Law reviews.   - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B. J. 189 (1969). For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "New Challenges for the Georgia General Assembly: Survey of Child Endangerment Statutes," see 7 Ga. St. B. J. 8 (2001). For article on 2004 amendment of this Code section, see 21 Ga. St. U. L. Rev. 45 (2004). For note on 1999 amendment to this Code section, see 16 Ga. St. U. L. Rev. 72 (1999).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Merger with Other Offenses   Jury Instructions   Procedural Issues    RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assault and Battery, § 26. 23 Am. Jur. 2d, Desertion and Nonsupport, §§ 1 et seq., 29 et seq. 42 Am. Jur. 2d, Infants, § 15 et seq. 59 Am. Jur. 2d, Parent and Child, §§ 10, 26, 27.   Public School Liability: Constitutional Tort Claims for Excessive Punishment and Failure to Supervise Students, 48 Am. Jur. Trials 587.   Trial Report: Third Party Suit Against Therapists for Implanting False Memory of Childhood Molestation, 57 Am. Jur. Trials 313.   When Clergy Fail Their Flock: Litigating the Clergy Sexual Abuse Case, 91 Am. Jur. Trials 151.   C.J.S.   - 43 C.J.S., Infants, § 195. 67A C.J.S., Parent and Child, § 170 et seq.   ALR.   - Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.   Who has custody or control of child within terms of penal statute punishing cruelty or neglect by one having custody or control, 75 A.L.R.3d 933.   Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854.   Parents' criminal liability for failure to provide medical attention to their children, 118 A.L.R.5th 253.   Criminal liability of nonparent for failure to obtain medical treatment for minor based on duty of one acting in loco parentis, 97 A.L.R.6th 539.