Definition of Child Abuse: Anyone who knowingly or willfully abuses a child without causing great bodily hard, permanent disability or disfigurement commits a third degree felony which is punishable by up to 5 years in prison and a $1,000 fine. The state must prove that the victim is under the age of 18 and that the accused has done one or more of the following:
•intentionally inflicted physical and/or mental harm upon the alleged victim;
•committed an intentional act that could be reasonably expected to result in physical or mental harm to the alleged victim;
•actively encouraged another individual to commit an act that can be reasonably expected to result in physical or mental harm to the alleged victim.
Definition of Aggravated Child Abuse (ACA): ACA is a first-degree felony punishable by up to 30 years in state prison. The state must prove that the victim is under the age of 18 and that the accused committed a battery against the child by intentionally striking the child against their will and causing harm, and while committing the battery has done one or more of the following:
•intentionally or knowingly inflicted great bodily harm, permanent disability or permanent disfigurement;
•used a deadly weapon in a way likely to cause great bodily harm or death.
ACA can also be charged when an individual willfully tortures, maliciously punishes, or willfully or unlawfully cages a child, or knowingly or willfully abuses a child and causes great bodily harm, permanent disability or permanent disfigurement to the child.