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Georgia Cruelty to Children

Cruelty to children can be considered a felony in Georgia or a misdemeanor, depending on the circumstances of your case. Keep reading to learn more about the offense of cruelty to children and how a criminal defense attorney can help you if you are charged with cruelty to children.

Georgia cruelty to children statute

Under O.C.G.A. § 16-5-70, a person can commit cruelty to children in the first, second, or third degree.

Cruelty to children in the first degree

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 that person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.

Any person also commits the offense of cruelty to children in the first degree when that person maliciously causes a child under 18 cruel or excessive physical or mental pain.

What is malice?

In Flakes v. State, the Court of Appeals of Georgia stated that “malice” implies the absence of all elements of justification or excuse and the presence of actual intent to cause the particular harm produced or completing a wanton and willful act with awareness of plain and strong likelihood that the particular harm may result.

In other words, if a person deliberately causes a child excessive physical or mental pain and they knew their actions would likely lead to the child’s pain, this can constitute malice.

Cruelty to children in the second degree

Any person commits the offense of cruelty to children in the second degree when that person with criminal negligence causes a child under 18 cruel or excessive physical or mental pain.

What is criminal negligence?

In Banta v. State, the Court of Appeals of Georgia noted that criminal negligence is the conscious disregard of a substantial and unjustifiable risk that the Defendant's act or omission will cause the particular harm at issue or endanger the safety of the other person.

Cruelty to children in the third degree

Any person commits the offense of cruelty to children in the third degree when:

The 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
The person, who is the primary aggressor, having knowledge that a child under 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.

What are the elements of a cruelty to children offense?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge.

For a cruelty to children in the first-degree charge, the State must prove the following:

The Defendant is a parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18;
Willfully deprives the child of necessary sustenance;
To the extent that the child's health or well-being is jeopardized;

The Defendant maliciously;
Causes a child under the age of 18;
Cruel or excessive physical or mental pain.

For a cruelty to children in the second-degree charge, the State must prove the following:

The Defendant with criminal negligence;
Causes a child under the age of 18;
Cruel or excessive physical or mental pain.

For a cruelty to children in the third-degree charge, the State must prove the following:

The Defendant is the primary aggressor; and
Intentionally allows a child under the age of 18;
To witness the commission of a forcible felony, battery, or family violence battery.

The Defendant is the primary aggressor; and
Has knowledge that a child under the age of 18 is present;
And the child sees or hears the act; and
The Defendant commits a forcible felony, battery, or family violence battery.

Penalties

The penalties for a cruelty to children conviction differ based on the degree of the charge.

Cruelty to children in the first degree

A person convicted of cruelty to children in the first degree will be punished by imprisonment for no less than five years and no more than 20 years.

Cruelty to children in the second degree

A person convicted of the offense of cruelty to children in the second degree will be punished by imprisonment for no less than one year and no more than ten years.

Cruelty to children in the third degree

Cruelty to children in the third degree can be convicted as a misdemeanor or a felony, depending on how many previous convictions the Defendant has. A person convicted of cruelty to children in the third degree will be punished for a misdemeanor if it is the person’s first or second conviction. The consequences for a misdemeanor cruelty to children conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months.

However, after the third offense of cruelty to children in the third degree, the Defendant will be guilty of a felony and will be sentenced to:

A fine no less than $1,000.00 and no more than $5,000.00; or
Imprisonment for no less than one year and no more than three years; or
Both a fine and imprisonment.

Cruelty to children in the third degree

There are some cruelty to children defenses that your criminal defense attorney can argue based on the facts of your case, including:

Accident: A cruelty to children offense requires a willful, negligent, or malicious act, depending on the degree of the offense. If the child’s injury was an accident, your criminal defense attorney could argue that the elements of the offense have not been met.
You did not commit the crime: If you were not the person who committed the crime or were falsely accused of child abuse, your attorney could present evidence supporting your innocence.

Frequently asked questions

What does cruelty to children mean in Georgia?

Is cruelty to children a felony in Georgia?

Generally, yes, cruelty to children is a felony in Georgia. However, you can be charged with a misdemeanor if it is your first or second conviction of cruelty to children in the third degree.

What is third degree cruelty to children in Georgia?

Any person commits the offense of cruelty to children in the third degree when:

The 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
The person, who is the primary aggressor, having knowledge that a child under 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.

What cruelty to children in the second degree in Georgia?

Any person commits the offense of cruelty to children in the second degree when that person with criminal negligence causes a child under 18 cruel or excessive physical or mental pain.

Why you need a lawyer for a cruelty to children offense

A cruelty to children offense can have long-term impacts on child custody and result in a permanent criminal record. It is vital that you have an experienced and passionate advocate who will ensure that the necessary investigation is undertaken, the proper evidence is presented, and the State meets its burden.

Have questions? Give me a call

If you or your loved one is charged with cruelty to children, I am here to help. I have decades of experience representing people charged with misdemeanors and serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!