Rome, Ga. - According to authorities out of Floyd County, a mother has been arrested after she has been accused of “depriving her three children the necessary sustenance to the extent that the child's health or well-being is being jeopardized.”
Officers showed up with warrants to a local residence over the weekend. They discovered roaches, spoiled milk, urine, feces, mold, and other filth. There were three children living in the home with the mother and grandmother. Officers described the house as deplorable living conditions. The children did not have any clean clothes.
The woman has been charged with cruelty to children in the first degree and disorderly conduct in Georgia.
As a Georgia Criminal Defense Lawyer, I will focus today's post on the law behind cruelty to children. There are three different degrees of cruelty to children according to Georgia Law. Read below.
Cruelty to Children in Georgia
O.C.G.A. § 16-5-70 is the statute that outlines the three different degrees of cruelty to children in Georgia.
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.
If arrested for allegedly committing a criminal act in the state of Georgia, contact our offices now. Our attorneys have decades of experiences and know how to help you with your case.