Child Abuse Lawyers in , Texas

Definition for Child Abuse in San Antonio, Texas

Child abuse is a broad term under Texas law. It can incorporate many situations, and not all of them are direct acts of harm against the child. Under Texas Penal Code § 22.04, a person commits the act of child abuse if he or she intentionally, knowingly, recklessly, or with criminal negligence causes any of the following to a child:

• Serious bodily injury
• Bodily injury
• Serious mental deficiency, impairment, or injury

Texas Penal Code § 1.07(8) defines “bodily injury” as any physical pain, illness, or impairment of the physical condition. The term “serious bodily injury” is defined as any bodily injury that creates a substantial risk of death, permanent disfigurement, loss, or impairment of a bodily member or organ. For instance, losing a limb or severe paralysis would be considered a serious bodily injury.

Not every child abuse case is intentional. A person can be charged with child abuse by causing bodily injury or serious bodily injury by omission. An offender can exhibit behavior that is considered abuse by omission if they:

• Have a legal or statutory duty to act; or
• Have assumed care, custody, or control of a child.

This means that the alleged offender has assumed care, custody, or control over the child. By doing this, the alleged offender is agreeing to accept the responsibility for protecting, feeding, sheltering, and providing medical care for the child. If the alleged offender does not uphold this standard of care and it results in bodily injury or serious bodily injury, he or she may be charged with child abuse.

Mental States for Child Abuse Penalties

The penalties for child abuse charges are reliant on the mental state of the alleged offender during the offense. An individual can act intentionally, knowingly, recklessly, or with criminal negligence when they allegedly commit child abuse.

Texas Penal Code § 6.03 defines the following mental states that determine the penalties for a child abuse offense:

• Knowingly – If the alleged offender is aware of their conduct and is reasonably certain of what the result will be.
• Intentionally – If the alleged offender commits some type of conduct and it’s in their desire or conscious objective to engage in conduct or to cause the result.
• Recklessly – If the alleged offender commits the act and is aware of the possible consequence of the conduct, but consciously disregards the possibility the result will occur.
• Criminal Negligence – If the alleged offender is aware of the substantial and unjustifiable risk that may result from the conduct.

Penalties for Child Abuse in Bexar County, Texas