Wantonly or Recklessly Permitting Bodily Injury to a Child Under 14
Massachusetts Criminal Defense Attorneys
In order to find a defendant guilty of wantonly or recklessly permitting bodily injury to a child under 14 causing bodily injury the prosecution must prove four elements beyond a reasonable doubt.
1. The defendant exercised care or custody over the child;
2. The child was under the age 14;
3. The child suffered bodily injury;
4. The wanton or reckless conduct of the defendant caused the child injury
“Bodily injury” includes any of the following injuries: burns, bone fractures, trauma-related injuries to the organs including the skin.
Persons with Care and Custody
A “person having care and custody” of a child is a parent, guardian, or an employee of a home, school or institution that has the same responsibilities supervision or care that a parent has regardless of whether that supervision or care is temporary.
The courts have found that a defendant living with a mother and her children who assumed childcare responsibilities was a persona having “care and custody,” despite the fact that he was not the children’s legal guardian or father.
What is Wanton or Reckless Conduct?
A court found a mother guilty of wantonly or recklessly permitting substantial bodily injury to a 10-month-old infant when she left the infant in a bathtub alone for three minutes while she answered a telephone call. Bath water filled the infants lungs while the mother was away answering the phone preventing the infant from breathing, preventing oxygen from reaching the child’s brain.
A court found a mother guilty of wantonly or recklessly permitting substantial bodily injury to a 13-year-old daughter, where the mother didn’t get her daughter medical attention until she was close to death even though the daughter got sick, stopped eating, lost thirty-four pounds, had a swollen stomach, couldn’t walk to bathroom and was forced to wear diapers.
Charged With Wantonly or Recklessly Permitting Bodily Injury to a Child Under 14?
Talk to an experienced Boston criminal defense lawyer for free.
If you have been charged with a crime that involves a child being injured, you may be scared of going to jail, or losing your child(ren), or both. We know that careless mistakes are not the same thing as criminal neglect or abuse and are ready to listen to your side of the story. Our knowledgeable and experienced Brockton criminal defense lawyers understand what you are going through and want to help.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and free consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.