§ 120.02

Reckless assault of a child

Class D felony Violence & Threats Art. 120 · Assault and Related Offenses

Official text prohibited actmental stateif conditionpenaltylegal term

1. A person is guilty of reckless assault of a child when, being eighteen years of age or more, such person causes to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child's head on a hard surface or object.

2. For purposes of subdivision one of this section, the following shall constitute "":

a. "" as defined in subdivision ten of section 10.00 of this chapter; or

b. extreme rotational cranial acceleration and deceleration and one or more of the following: (i) subdural hemorrhaging; (ii) intracranial hemorrhaging; or (iii) retinal hemorrhaging.

Reckless assault of a child is a .

Simplified explanation

Reckless assault of a child covers an adult recklessly causing serious injury to the brain of a child under five by shaking or by slamming or throwing the child; it is a class D felony.