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DE SB234

Bill

Status

Passed

9/12/2012

Primary Sponsor

Earl Jaques

Click for details

Origin

Senate

146th General Assembly

AI Summary

  • Establishes three degrees of child abuse offenses: third degree (class A misdemeanor) for recklessly or intentionally causing physical injury to a child; second degree (class G felony) for injuring children 3 years or younger, children with significant intellectual or developmental disabilities, or using a deadly weapon; and first degree (class B felony) for causing serious physical injury through abuse or neglect

  • Expands the mental state required for endangering the welfare of a child from "knowingly" to include "intentionally, knowingly, or recklessly," broadening prosecution ability for parents who fail to protect children from abuse by others

  • Adds new offense for providing or permitting a child to consume or inhale controlled substances not prescribed to them by a physician

  • Redefines "physical injury" to a child as any impairment of physical condition or pain, and "serious physical injury" as injury creating risk of death, disfigurement, impairment of health, or loss of bodily organ function

  • Establishes that 2 or more incidents of abuse and/or neglect constitute a "previous pattern," and prior convictions are not required to prosecute or prove such a pattern

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Offenses Against Children.

Last Action

Signed by Governor

9/12/2012

Committee Referrals

Judiciary6/20/2012
Judiciary6/5/2012

Full Bill Text

No bill text available