Under California Penal Code Section 273ab, it is a crime to commit child abuse that results in a homicide. Child abuse homicide is committed when (1) A person, having the care or custody of a child under the age of eight; (2) assaults the child; (3) by means of force that to a reasonable person would be likely to produce great bodily injury; (4) resulting in the child’s death.
In People v. Wyatt, No. S161545, the defendant was convicted of child abuse homicide after admitting to police that he had hit his son multiple times in the chest, head, and back while play-wrestling with him. The Court of Appeal reversed the conviction because the defendant did not have actual knowledge that he was wrestling too hard with his son. The California Supreme Court reversed the Court of Appeal’s decision noting a misapplication of the law.
Child abuse homicide requires the defendant to be aware of facts that would lead a reasonable person to realize serious injury would result from the conduct. A defendant may commit an assault without realizing he was harming the victim. The prosecution must only prove the defendant was aware of facts that would lead a reasonable person to realize that a battery would directly, naturally, and probably result from the defendant’s conduct. The defendant does not need actual knowledge.
In Wyatt, the prosecution presented evidence that the defendant had wrestled roughly with his son, repeatedly throwing and hitting him, despite warnings that such actions could hurt him. Therefore, the Supreme Court reversed the Court of Appeals decision and the defendant was convicted of child abuse homicide.
Child abuse homicide is a serious crime in California. A conviction is punishable by imprisonment in state prison for 25 years to life.
If you or a loved one is facing a child abuse homicide charge, it is important that you speak with an experienced child abuse attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of child abuse crimes. Our attorneys will aggressively fight to defend your rights. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.
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