Father Arrested in Atlanta After Allegedly Poisoning Child

Atlanta Capitol

Atlanta, Ga. - A father has been arrested after police were contacted by medical professionals at Children's Healthcare of Atlanta.

According to reports, an infant was brought to the hospital in serious conditions. After further medical testing, it was determined that the baby had been poisoned by antifreeze. The father is the main suspect as of right now and he has been charged with criminal attempt to commit murder and first degree cruelty to children.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of cruelty to children in today's post.

Cruelty to Children in Georgia

The crime of cruelty to children in Georgia is outlined in the Georgia Code in O.C.G.A. § 16-5-70. The statute, as I mentioned above, breaks down the offense into three different degrees.

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

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