Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child Under 14
Brockton Criminal Defense Attorneys
In order to find a defendant guilty of wantonly or recklessly permitting bodily injury to a child under 14 causing substantial bodily injury the prosecution must prove 4 elements beyond a reasonable doubt.
1. The defendant exercised care or custody over the child;
2. The child was under the age 14;
3. The child suffered substantial bodily injury;
4. The wanton or reckless conduct of the defendant caused the child substantial bodily injury.
“Substantial bodily injury” is any injury that causes permanent failure of a bodily function, a risk of death or permanent disfigurement.
Persons with Care and Custody
A “person having care and custody” of a child is a parent, guardian, or an employee of a home, school or institution that has the same responsibilities supervision or care that a parent has regardless of whether that supervision or care is temporary.
The courts have found that a defendant living with a mother and her children who assumed childcare responsibilities was a persona having “care and custody,” despite the fact that he was not the children’s legal guardian or father.
What is Wanton or Reckless Conduct?
- A court found a mother guilty of wantonly or recklessly permitting substantial bodily injury to a 10-month-old infant when she left the infant in a bathtub alone for three minutes while she answered a telephone call. Bath water filled the infants lungs while the mother was away answering the phone preventing the infant from breathing and oxygen from reaching the child’s brain.
- A court found a mother guilty of wantonly or recklessly permitting substantial bodily injury to a 13-year-old daughter, where the mother didn’t get her daughter medical attention until she was close to death even though the daughter got sick, stopped eating, lost thirty-four pounds, had a swollen stomach, couldn’t walk to bathroom and was forced to wear diapers.
Charged With Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child Under 14?
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Our knowledgeable and experienced Brockton criminal defense law attorneys at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Canton, Taunton, Bridgewater. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and free consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.