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§ 14-318.4. Child abuse a felony.

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§ 14‑318.4.  Child abusea felony.(a)        A parent or anyother person providing care to or supervision of a child less than 16 years ofage who intentionally inflicts any serious physical injury upon or to the childor who intentionally commits an assault upon the child which results in anyserious physical injury to the child is guilty of a Class E felony, except asotherwise provided in subsection (a3) of this section.(a1)      Any parent of achild less than 16 years of age, or any other person providing care to orsupervision of the child, who commits, permits, or encourages any act ofprostitution with or by the child is guilty of child abuse and shall bepunished as a Class E felon.(a2)      Any parent or legalguardian of a child less than 16 years of age who commits or allows thecommission of any sexual act upon the child is guilty of a Class E felony.(a3)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage who intentionally inflicts any serious bodily injury to the child or whointentionally commits an assault upon the child which results in any seriousbodily injury to the child, or which results in permanent or protracted loss orimpairment of any mental or emotional function of the child, is guilty of aClass C felony.(a4)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage whose willful act or grossly negligent omission in the care of the childshows a reckless disregard for human life is guilty of a Class E felony if theact or omission results in serious bodily injury to the child.(a5)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage whose willful act or grossly negligent omission in the care of the childshows a reckless disregard for human life is guilty of a Class H felony if theact or omission results in serious physical injury to the child.(b)        The felony of childabuse is an offense additional to other civil and criminal provisions and isnot intended to repeal or preclude any other sanctions or remedies.(c)        Abandonment of aninfant less than seven days of age pursuant to G.S. 14‑322.3 may betreated as a mitigating factor in sentencing for a conviction under thissection involving that infant.(d)        The followingdefinitions apply in this section:(1)        Serious bodilyinjury. – Bodily injury that creates a substantial risk of death or that causesserious permanent disfigurement, coma, a permanent or protracted condition thatcauses extreme pain, or permanent or protracted loss or impairment of thefunction of any bodily member or organ, or that results in prolongedhospitalization.(2)        Serious physicalinjury. – Physical injury that causes great pain and suffering. The termincludes serious mental injury.  (1979, c. 897, s. 1; 1979, 2nd Sess., c. 1316, s. 18;1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 653, s. 1; c. 916, § 1; 1985, c.509, s. 5; c. 668; 1993, c. 539, s. 1233; 1994, Ex. Sess., c. 24, s. 14(c);1999‑451, s. 1; 2001‑291, s. 5; 2008‑191, s. 2.)
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  • § 14‑318.4.  Child abusea felony.

    (a)        A parent or anyother person providing care to or supervision of a child less than 16 years ofage who intentionally inflicts any serious physical injury upon or to the childor who intentionally commits an assault upon the child which results in anyserious physical injury to the child is guilty of a Class E felony, except asotherwise provided in subsection (a3) of this section.

    (a1)      Any parent of achild less than 16 years of age, or any other person providing care to orsupervision of the child, who commits, permits, or encourages any act ofprostitution with or by the child is guilty of child abuse and shall bepunished as a Class E felon.

    (a2)      Any parent or legalguardian of a child less than 16 years of age who commits or allows thecommission of any sexual act upon the child is guilty of a Class E felony.

    (a3)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage who intentionally inflicts any serious bodily injury to the child or whointentionally commits an assault upon the child which results in any seriousbodily injury to the child, or which results in permanent or protracted loss orimpairment of any mental or emotional function of the child, is guilty of aClass C felony.

    (a4)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage whose willful act or grossly negligent omission in the care of the childshows a reckless disregard for human life is guilty of a Class E felony if theact or omission results in serious bodily injury to the child.

    (a5)      A parent or anyother person providing care to or supervision of a child less than 16 years ofage whose willful act or grossly negligent omission in the care of the childshows a reckless disregard for human life is guilty of a Class H felony if theact or omission results in serious physical injury to the child.

    (b)        The felony of childabuse is an offense additional to other civil and criminal provisions and isnot intended to repeal or preclude any other sanctions or remedies.

    (c)        Abandonment of aninfant less than seven days of age pursuant to G.S. 14‑322.3 may betreated as a mitigating factor in sentencing for a conviction under thissection involving that infant.

    (d)        The followingdefinitions apply in this section:

    (1)        Serious bodilyinjury. – Bodily injury that creates a substantial risk of death or that causesserious permanent disfigurement, coma, a permanent or protracted condition thatcauses extreme pain, or permanent or protracted loss or impairment of thefunction of any bodily member or organ, or that results in prolongedhospitalization.

    (2)        Serious physicalinjury. – Physical injury that causes great pain and suffering. The termincludes serious mental injury.  (1979, c. 897, s. 1; 1979, 2nd Sess., c. 1316, s. 18;1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 653, s. 1; c. 916, § 1; 1985, c.509, s. 5; c. 668; 1993, c. 539, s. 1233; 1994, Ex. Sess., c. 24, s. 14(c);1999‑451, s. 1; 2001‑291, s. 5; 2008‑191, s. 2.)

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