Another Babysitter Arrested for Child Abuse and Murder in Atlanta

Atlanta Police

Atlanta, Ga. – A babysitter has been arrested for first-degree cruelty to children, battery, and murder after a 9-month-old baby died.

According to investigators, the babysitter has given different accounts as to how the infant ended up with a broken femur and multiple abrasions on his body. The man is being held at Fulton County Detention Center without bond.

As a Georgia Criminal Defense Lawyer, I will focus today's post on the law behind the offense of cruelty to children in the state of Georgia. Read below.

Cruelty to Children in Georgia

Cruelty to Children in Georgia is separated into three different degrees by Georgia Law in O.C.G.A. §16-5-70.

First-degree cruelty to children occurs when a parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's well being is jeopardized. In addition, cruelty to children in the first degree includes when a person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.

Second-degree cruelty to children occurs when a person with criminal negligence causes a child less than 18 years old cruel or excessive physical or mental pain.

Third-degree cruelty to children occurs when either a person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or a person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.

Cruelty to children is considered a felony in Georgia. The penalty can include up to twenty years in prison. The only exception is with third degree child cruelty - a judge has the discretion with this degree to charge it as a misdemeanor instead of a felony.

Practice Note

If you have been accused of committing a criminal offense in the state of Georgia, call our offices now. We can help you with your case today.