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The judge may also order random drug testing if the offense was committed while the defendant was under the influence of drugs or alcohol. Common legal defenses include taking the position that:. Corporal injury is often charged along with other crimes against children. Related offenses that are commonly charged include:. Below our California criminal defense attorneys discuss what you need to know about child abuse laws.
Click on a topic to jump to that section. Penal Code d PC sets forth the California crime of child abuse. It is not necessary that the person intend to break the law or injure the child. When she comes home, Carla slaps her to make the point that she is scared and angry. Carla has to take her to the emergency room for stitches. Carla did not intend to injure her daughter or damage her well-being. But because she intended to slap her she can be charged with child abuse.
In her anger, she missed and accidentally slapped her daughter instead. Because she did not intend to slap her, she is not guilty under Penal Code d. This list is by no means complete. But a jury will give the words their ordinary meaning.
This gives juries a great deal of power to determine whether an act that does not cause an injury is abusive. Spanking is not considered child abuse in California if:. But keep in mind that this is a controversial area. And a jury could decide that spanking β whether with a bare hand or an object β was excessive. Spanking a child with a belt is legal in California only if reasonable and not excessive.
Each element must be proved beyond a reasonable doubt. Prior acts of corporal injury are admissible in a child abuse prosecution. Such acts are admissible even if they did not result in a conviction. The usual rule is that prior convictions may not be introduced to convict someone of a crime.