Video of Child Cruelty by Georgia Mother Goes Viral on Facebook

A video showing a Georgia mother repeatedly dunking an infant underwater has surfaced on Facebook. The video went viral and has been viewed more than 2.4 million times and shared more than 86,000 times. The video has since been taken down.

The mother is facing the following charges:

• Aggravated Assault in Georgia
• Child Cruelty in Georgia
• Terroristic Threats in Georgia

As an Atlanta Criminal Lawyer, I will focus today's post on child cruelty and the law behind this criminal offense in Georgia.

Cruelty to Children in Georgia

Georgia Law divides cruelty to children in Georgia into three separate degrees as outlined below.

• The Georgia Code defines first-degree cruelty to children in Georgia as: 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 or 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). This is classified a felony offense in Georgia. The penalty can include a prison sentence of five to twenty years.
• The Georgia Code defines second-degree cruelty to children in Georgia as: 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). This is also classified as a felony offense in Georgia. The penalty can include a prison sentence of one to ten years.
• The Georgia Code defines third-degree cruelty to children in Georgia as:When 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 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). This is classified a misdemeanor offense in Georgia. The penalty can include a jail sentence of up to 12 months and a fine of $1,000.

Practice Note

As an Atlanta Criminal Attorney, it is always important for me to highlight the fact that just because someone has been accused of committing a crime does not mean that they are guilty of committing that crime. An accusation or an arrest is not the same as a conviction. 

That being said, hiring the best possible defense is in everyone's best interest. If you or a loved one has been arrested, contact our offices today.