SPONSOR: |
Sen. Blevins & Rep. Walker ; Sens. Bunting Connor Hall-Long Henry
Marshall Sokola Sorenson ; Reps.
Heffernan Jaques Q. Johnson Kowalko Lavelle B. Short M. Smith Willis |
|
Sen.
Cloutier |
DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
SENATE BILL NO. 234 |
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES AGAINST CHILDREN. |
Section
1. Amend Chapter 5, Title 11 of the
Delaware Code by redesignating Section 1100 of Chapter 5, Title 11 as Section
1100A of Chapter 5, Title 11 and further by redesignating current Section 1103
of Chapter 5, Title 11 as Section 1100, of Chapter 5, Title 11, and by further amending
the current language of that section by making insertions as shown by
underlining and deletions as shown by strike through as follows:
§1103. 1100. Definitions relating to children.
When
used in this subchapter:
(a) "Abuse"
means causing any physical injury to a child through unjustified force as
defined in §468(1)(c) of this title,
torture, negligent treatment, sexual abuse, exploitation, maltreatment,
mistreatment or any means other than accident.
(b) "Child"
shall mean any individual 18 years of age or less. For the purposes of §§1108,
1109, 1110, 1111 and 1112A of this Title, "child" shall also mean any
individual who is intended by the defendant to appear to be 14 years of age or
less.
(c) "Delinquent
child" means a child who commits an act which if committed by an adult
would constitute a crime.
(d)
"Neglect" or "neglected child" is as defined in §901 of
Title 10.
(e)
"Prohibited sexual act" shall include:
(1) Sexual
intercourse;
(2) Anal
intercourse;
(3)
Masturbation;
(4)
Bestiality;
(5) Sadism;
(6)
Masochism;
(7) Fellatio;
(8)
Cunnilingus;
(9) Nudity,
if such nudity is to be depicted for the purpose of the sexual stimulation or the
sexual gratification of any individual who may view such depiction;
(10) Sexual
contact;
(11)
Lascivious exhibition of the genitals or pubic area of any child;
(12) Any
other act which is intended to be a depiction or simulation of any act
described in this subsection.
(f)
"Truancy" or "truant" shall refer to a pupil enrolled in
grades kindergarten through 12 of a public school who has been absent from
school for more than 3 school days during a school year without a valid excuse
as defined in regulations of the district board of education of the school
district in which the pupil is or should be enrolled pursuant to the provisions
of Title 14, or where a student is enrolled in a charter school, by the board
of directors of the charter school.
(g)
"Visual depiction" includes, but is not limited to:
(1) Any image
which is recorded, stored or contained on or by developed or undeveloped
photographic film, motion picture film or videotape; or
(2) Data
which is stored or transmitted on or by any computer, or on or by any digital
storage medium or by any other electronic means which is capable of conversion
into a visual image; or
(3) Any
picture, or computer-generated image or picture, or any other image whether
made, stored or produced by electronic, digital, mechanical or other means.
(h)
"Previous pattern" of abuse and/or neglect shall mean 2 or
more incidents of conduct:
(1)
That constitute an act of abuse and/or neglect; and
(2) Are not so closely related to each other
or connected in point of time and place that they constitute a single event.
A conviction is not required for an
act of abuse or neglect to be used in prosecution of a matter under this
section, including an act used as proof of a previous pattern as defined in
this paragraph. A conviction for any act of abuse or neglect, including one
which may be relied upon to establish a previous pattern of abuse and/or
neglect, does not preclude prosecution under this section.
(i) “Significant
intellectual or developmental disabilities” means impairment in the
intellectual or physical capacity of a child as evidenced by a discernible
inability to function within the normal range of performance and behavior with
regard to age, development, and environment.
(j)
“Physical injury” to a child shall mean any impairment of physical condition or
pain.
(k) “Serious
physical injury” shall mean physical injury which creates a risk of death, or
which causes disfigurement, impairment of health or loss or impairment of the
function of any bodily organ or limb, or which causes the unlawful termination
of a pregnancy without the consent of the pregnant female.
Section 2. Amend Chapter 5, Title 11, Section 1102 of
the Delaware Code by making insertions as shown by underling and deleting as
shown by strike through as follows:
§ 1102.
Endangering the welfare of a child; class E or G felony.
(a) A person
is guilty of endangering the welfare of a child when:
(1) Being a
parent, guardian or any other person who has assumed responsibility for the
care or supervision of a child less than 18 years old the person:
a. Knowingly
Intentionally, knowingly, or recklessly acts in a manner likely to be
injurious to the physical, mental or moral welfare of the child; or
b.
Intentionally, knowingly or recklessly does or fails to do any act, with
the result that the child becomes a neglected or abused child.
(2) The
person knowingly contributes to the delinquency of any child less than 18 years
old by doing or failing to do any act with the result, alone or in conjunction
with other acts or circumstances, that the child becomes a delinquent child; or
(3) The
person knowingly encourages, aids, abets or conspires with the child to run
away from the home of the child's parents, guardian or custodian; or the person
knowingly and illegally harbors a child who has run away from home; or
(4) The
person commits any violent felony, or reckless endangering second degree,
assault third degree, terroristic threatening, or unlawful imprisonment second
degree against a victim, knowing that such felony or misdemeanor was witnessed,
either by sight or sound, by a child less than 18 years of age who is a member
of the person's family or the victim's family.
(5) The
person commits the offense of Driving Under the Influence as set forth in §4177
of Title 21, or the offense of Operating a Vessel or Boat Under the Influence
as set forth in §2302 of Title 23, and during the commission of the offense
knowingly permits a child less than 18 years of age to be a passenger in or on
such vehicle, vessel or boat.
(6) The
person commits any offense set forth in Chapter 47 of Title 16 in any dwelling,
knowing that any child less than 18 years of age is present in the dwelling at
the time.
(7) The
person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as
defined in §§4714, 4716, 4718, 4720, and 4722 of Title 16.
(b)
Endangering the welfare of a child shall be punished as follows:
(1) When the
death of a child occurs while the child's welfare was endangered as defined in
subsection (a) of this section, endangering the welfare of a child is a class E
felony;
(2) When
serious physical injury to a child occurs while the child's welfare was
endangered as defined in subsection (a) of this section, endangering the
welfare of a child is a class G felony;
(3) When a
child becomes the victim of a sexual offense as defined in § 761(g) of this
title while the child's welfare was endangered as defined in subsection (a) of
this section, endangering the welfare of a child is a class G felony;
(4) In all
other cases, endangering the welfare of a child is a class A misdemeanor.
(c) For the
purpose of imposing the penalties prescribed in subdivision (b)(1), (b)(2) or
(b)(3) of this section, it is not necessary to prove the person's state of mind
or liability for causation with regard to the resulting death of or physical
injury to the child or sexual offense against the child, notwithstanding the
provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any
other statutes to the contrary.
Section
3. Amend Chapter 5, Title 11 of the
Delaware Code by redesignating §615 at §1103B, and further by making insertions
as shown by underlining and deletions as shown by strike through as follows:
§1103. Child Abuse in the third degree; class A
misdemeanor.
(a)
A person is guilty of child abuse in the third degree when:
(1)
The person recklessly or intentionally causes physical injury to a child
through an act of abuse and/or neglect of such child; or
(2) The person recklessly or intentionally causes physical
injury to a child when the person has engaged in a previous pattern of abuse
and/or neglect of such child.
§ 1103A. Child
Abuse in the second degree; class G felony.
(a)
A person is guilty of child abuse in the second degree when:
(1)
The person intentionally or recklessly causes physical injury to a child who is
3 years of age or younger; or
(2)
The person intentionally or recklessly causes physical injury to a child who
has significant intellectual or developmental disabilities
(3)
The person intentionally or recklessly causes physical injury to a child by
means of a deadly weapon or dangerous instrument.
§615§ 1103B. Child Abuse in the First
degree Assault
by abuse or neglect;
class B felony.
(a) A person
is guilty of assault by abuse or neglect child abuse in the first degree
when the person recklessly or intentionally causes serious physical injury to a child:
(1) Through
an act of abuse and/or neglect of such child; or
(2) When the
person has engaged in a previous pattern of abuse and/or neglect of such child.
SYNOPSIS
This bill establishes the offense of Child Abuse. These new statutes combine current statutes and redefine physical injury and serious physical injury to reflect the medical realities of pain and impairment suffered by children. A new section provides special protection to infants, toddlers and children who have disabilities. The statute also expands the state of mind necessary for certain offenses against children allowing for more effective prosecution of parents who subject their children to abuse by others and fail to protect their children. The bill also re-numbers the definitional section making clear that the definitions apply to all crimes in the subchapter. Author: Sen. Blevins |