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In Reply to: Can you tell us posted by Acheick on May 14, 2002 at 08:11:02:
Well some one wanted the laws for the US regarding child abuse.
All I can say is that every state has there own Penal Codes so the exact definitions of law might be different but most States have a general conformity to them. Since I had all my study done on Texas Law I will be referencing this state and their Penal Codes and other Codes.
First off child abuse covers a large spectrum of offences, ranging to assaults, sexual assaults, abandonment, leaving a child in a vehicle, indecency with a child, and that’s just some of the Penal Codes broad definition of the subject. You also have the Family Code, Education Code, Health and Safety Codes and the Criminal Code of procedure.
I have decide to referance the whole codes and not just portions so that you will have a broader understanding of the codes, so forgive if this gets boring .
To have a crime in the state of Texas 2 things must be present (1) the culpable mental state, which is defined below.
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TPC Sec.6.02 Requirements of Culpability
(a) Except as provided in Subsection (b) , a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.
(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b) , intent, knowledge, or recklessness suffices to establish criminal responsibility.
(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence.
(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
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Second there has to be a violation of the Penal Code. Below I have added the Penal codes for: Indecency with a child, Sexual Assault, Aggravated sexual assault. All references have been taken from the 1998-2000 Texas Penal Codes. Hope this helps with a general definition of (assaultive child abuse) issues.
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Sexual Offenses [21.01-21.11]
Sec. 21.01 Definitions
In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
(2) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
Sec. 21.11 Indecency with a child
(a) A person commits an offense if, with a child younger than 17 years and not his spouse, whether the child is of the same or opposite sex, he:
(1) engages in sexual contact with the child; or
(2) exposes his anus or any part of his genitals, knowing the child is present, with intent to arouse or gratify the sexual desire of any person.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex; and
(2) did not use duress, force, or a threat against the victim at the time of the offense.
(c) An offense under Subsection (a) (1) is a felony of the second degree and an offense under Subsection (a) (2) is a felony of the third degree.
Chapter 22. Assaultive Offenses [22.01-22.10]
Sec.22.011 Sexual Assault
(a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or female sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a) (1) is without the consent of the other
