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§ 16-5-70 - Cruelty to children

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O.C.G.A.16-5-70 (2010) 16-5-70.Cruelty to children (a)Aparent, guardian, or other person supervising the welfare of or havingimmediate charge or custody of a child under the age of 18 commits theoffense of cruelty to children in the first degree when such personwillfully deprives the child of necessary sustenance to the extent thatthe child's health or well-being is jeopardized.(b)Anyperson commits the offense of cruelty to children in the first degreewhen such person maliciously causes a child under the age of 18 cruel orexcessive physical or mental pain.(c)Anyperson commits the offense of cruelty to children in the second degreewhen such person with criminal negligence causes a child under the ageof 18 cruel or excessive physical or mental pain.(d)Any person commits the offense of cruelty to children in the third degree when:(1)Suchperson, who is the primary aggressor, intentionally allows a childunder the age of 18 to witness the commission of a forcible felony,battery, or family violence battery; or(2)Suchperson, who is the primary aggressor, having knowledge that a childunder the age of 18 is present and sees or hears the act, commits aforcible felony, battery, or family violence battery.(e)(1)Aperson convicted of the offense of cruelty to children in the firstdegree as provided in this Code section shall be punished byimprisonment for not less than five nor more than 20 years.(2)Aperson convicted of the offense of cruelty to children in the seconddegree shall be punished by imprisonment for not less than one nor morethan ten years.(3)A person convictedof the offense of cruelty to children in the third degree shall bepunished as for a misdemeanor upon the first or second conviction. Uponconviction of a third or subsequent offense of cruelty to children inthe third degree, the defendant shall be guilty of a felony and shall besentenced to a fine not less than $1,000.00 nor more than $5,000.00 orimprisonment for not less than one year nor more than three years orshall be sentenced to both fine and imprisonment.
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  • O.C.G.A. 16-5-70 (2010)
    16-5-70. Cruelty to children


    (a) 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.

    (b) 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.

    (c) 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.

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

    (1) 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

    (2) 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.
    (e)(1) 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.

    (2) 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.

    (3) 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.

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