The Definition of Abuse

Picture14

Refer to p.4 of the Participant Handouts.

 

Abuse involves serious injury such as burns, fractures, head trauma, and internal injuries. The following is the legal definition of abuse (see the Family Court Act 1012(e)):

A.  Subject inflicts or allows to be inflicted on a child serious physical injury by other than accidental means

  AND

B.  Such action causes or creates  a substantial risk of death or serious or protracted disfigurement, impairment of physical or emotional health or impairment of the function of any bodily organ

 OR

C.  Subject creates or allows to be created a substantial risk of physical injury to the child by other than accidental means

AND

D.  Such action causes or creates a substantial risk of death or serious or protracted disfigurement, impairment of physical or emotional health, or impairment of the function of any bodily organ

OR

E.  Subject commits or allows to be committed a sex offense as described in Sec. 130 of the Penal Law:

1.  Sexual misconduct
2.  Rape
3.  Criminal Sexual Act
4.  Forcible touching
5.  Persistent sexual abuse
6.  Sexual abuse
7.  Aggravated sexual abuse
8.  Course of sexual conduct against a child
9.  Female genital mutilation
10. Facilitating a sex offense with a controlled substance

OR

F.  Subject permits or encourages the child to engage in any act described in Sec. 230.25, 230.30, or 230.32 of the Penal Law (promoting prostitution).

OR

G.  Subject commits any acts described in Sec. 255.25 of the Penal Law (incest).

OR

H.  Subject allows child to engage in acts described in Article 263 of the Penal Law:

1.  Use of a child in a sexual performance.
2.  Promoting an obscene sexual performance by a child.
3.  Possessing an obscene sexual performance by a child.
4.  Promoting a sexual performance by a child.
5.  Possessing a sexual performance by a child.