Georgia Day Care Center Employee Arrested for Child Cruelty

A local day care center in Cobb County fired one of their employees after she was arrested for causing “extensive” bruising to a 3-year-old that was left in their care.

The employee allegedly admitted the abuse to her supervisor and has been arrested on charges of child cruelty.

As a Georgia Criminal Defense Lawyer, I will outline the crime of child cruelty in the state of Georgia in today's post. Georgia Law breaks down cruelty to children into different degrees. Each degree also has different penalties associated if convicted which I will outline in more detail below.

Child Cruelty in Georgia

Child cruelty in Georgia is broken down into three different degrees.

First-degree child cruelty 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. O.C.G.A. §16-5-70 (a)-(b).

If convicted of first-degree child cruelty, then the person will be found guilty of a felony offense. The penalty is a prison term between five and twenty years.

Second-degree child cruelty occurs: when a person with criminal negligence causes a child less than 18 years old cruel or excessive physical or mental pain. O.C.G.A. §16-5-70(c).

If convicted of second-degree child cruelty, then the person will be found guilty of a felony offense. The penalty is a prison term between one and ten years.

Third-degree child cruelty 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. O.C.G.A. §16-5-70(d).

If convicted of third-degree child cruelty, then the person will be found guilty of either a misdemeanor or felony offense. The first conviction will be treated as a misdemeanor. Any subsequent offense will be treated as a felony with a penalty of up to three years of prison time.

Practice Note

If you or a loved one has been arrested, contact our offices now.