Question 1

What is the charge of Child Neglect in NC?

Accepted Answer

Child abuse is when a parent or person proving care to a child injure the child, allow the child to be injured, or when they create a situation that allows a substantial risk of injury. We know, that’s a pretty broad definition of child abuse but the final part of that definition is where the child neglect aspect comes into play.  Creating a situation or allowing a substantial risk of injury to the child is enough and is really based on the facts and circumstances surrounding what happened with the child.

Question 2

Does the Child have to be Injured for a Child Abuse charge?

Accepted Answer

No, the child does not have to be injured to for a child abuse or child neglect charge conviction. Now if they suffer an injury this is one part of the child abuse statute, but creating a situation where there’s a substantial risk of injury to the child is enough to be convicted of misdemeanor child abuse in NC.

Question 3

What are the Elements of Child Abuse in NC?

Accepted Answer

1. A person is guilty of Child Abuse in North Carolina when they:
			1. Are a parent of a child who is less than 16 years old, or
				1. Are a Person Providing Care to or Supervision of a child less than 16 years of age, and
				2. Inflicts Physical Injury On, or
					1. Allows Physical Injury to be Inflicted On, or
					2. Creates or allows to be created a substantial risk of physical injury to
					3. The Child
					4. Other than by Accident
These elements are found in NCGS 14-318.2. Let’s to through the elements above together so we can get a better understanding of how the law is applied to child neglect and child abuse charges in North Carolina.

Question 4

Who can be charged with Child Abuse in NC?

Accepted Answer

In North Carolina, child abuse charges are limited to parents or someone who is providing supervision of or care for the child. This means camp counselors, babysitters, and people who are looking after a child can be charged with child abuse. An example of a child abuse charge against someone other than a parent is found in the State v. Carrilo case. In that case, the person charged resided with the child and the child’s mother for 2 months, he shared a bedroom with the mom and child, and the mom left the child in the care of the person charged for short periods of time. This was enough for the courts to find that he was considered a caregiver of the child.

Question 5

If a Child is Injured Accidentally, is this Child Abuse?

Accepted Answer

No, fortunately the legislature addressed this issue and made sure to include the phrase other than by accident in the statute. If a child falls, runs into something, trips and it’s an accident it’s not child abuse. However, we have seen child abuse charges in these situations, because sometimes law enforcement believes the injury occurred in a way that was not accidental based on their investigation.
					Also, it’s important to note that Battered Child Syndrome is a situation the courts have considered to be a continuous injury and enough to satisfy the injury requirement for a child abuse charge. The courts have said that in this instance, someone caring for the child is responsible for the injury and it is therefore child abuse. State v. Wilkerson

Question 6

What is the Sentence for a Child Abuser?

Accepted Answer

Child abuse is North Carolina is a Class A1 Misdemeanor and it can result in up to 150 days in jail. Now if you’re a first offender, the maximum punishment you can face is 60 days in jail. And if you have a single prior conviction for something as simple as driving while license revoked or misdemeanor possession of marijuana this can lead to punishment of up to 75 days in jail. The charge below helps to show how this process operates in North Carolina for child neglect and child abuse cases. If you look at the Row labeled “A1” and start on the left side this is for first offenders and then 1 - 4 prior convictions is the middle column, and then 5 or more convictions is the far right column. You can get probation if convicted of child abuse and there’s a host of other possibilities when it comes to dealing with a child abuse case. Our Child Abuse Defense Attorneys understand the nuances of these charges and we are here to help you.

Question 7

Is Spanking considered Child Abuse in NC?

Accepted Answer

Spanking is not considered child abuse in North Carolina. Now, that is as long as the spanking is reasonable and doesn’t cause bodily injury to the child. Bruising on a child from being spanked can be problematic and it’s important to be aware in North Carolina, it’s all about the injury or creating / allowing a situation where a child could be injured. Now as mentioned above, Battered Child Syndrome is considered an injury. So, a child who is repeatedly spanked and evidence shows they’ve developed this syndrome would be enough to show injury per the statute.

Child Abuse Lawyer

What is the charge of Child Neglect in NC?

Does the Child have to be Injured for a Child Abuse charge?

What are the elements of Child Abuse in NC?

Who can be charged with Child Abuse in NC?

If a Child is Injured Accidentally, is this Child Abuse?

What is the Sentence for a Child Abuser?

Is Spanking considered Child Abuse in NC?

GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW

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