Archive for May 2013
New Orleans Criminal Defense Attorney
Second Degree Cruelty to Juveniles — La RS 14:93.2.3
Second Degree Cruelty to juveniles is:
A.(1) Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child.
(2) For purposes of this Section, “serious bodily injury” means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or substantial risk of death.
B. The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.
Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than 40 years.
This offense is considered a Crime of Violence, therefore it is not expungeable. However, it is a crime for which jail time is not mandatory — one may receive probation only.