Tennessee § 39-15-401 - Child abuse and child neglect or endangerment.

§ 39-15-401. Child abuse and child neglect or endangerment.

Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony. Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony. A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. For purposes of this subsection (c): “Imminent danger” means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury; “Knowingly” means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant’s standpoint; and “Parent or custodian” means the biological or adoptive parent or any person who has legal custody of the child. A violation of this subsection (c) is a Class A misdemeanor. Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child. As provided in this subdivision (d)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section. If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103, a prosecutor need not be named on the indictment. On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial. If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section. Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section. Except as expressly provided, this section shall not be construed as repealing any provision of any other statute, but shall be supplementary to any other provision and cumulative of any other provision. A violation of this section may be a lesser included offense of any kind of homicide, statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge under this section. In any case in which conduct violating this section also constitutes assault, the conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102, or both. For purposes of this section, “adversely affect the child's health and welfare” may include, but not be limited to, the natural effects of starvation or dehydration or acts of female genital mutilation as defined in § 39-13-110. The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court's order. Acts 1989, ch. 591, § 1; 1994, ch. 978, § 1; 1996, ch. 962, § 1; 1998, ch. 1040, § 2; 2005, ch. 487, § 1; 2006, ch. 939, § 1; 2008, ch. 1024, § 1; 2009, ch. 335, § 1; 2009, ch. 418, § 1; 2009, ch. 585, § 1; 2011, ch. 313, § 1; 2017, ch. 381, §§ 1, 2; 2019, ch. 268, § 2. Compiler's Notes. Acts 2008, ch. 1024, § 2 provided that the act shall be known and may be cited as the “Josh Osborne Law.” Acts 2011, ch. 313, § 3 provided that the act, which added subsection (h), shall apply to offenses committed on or after July 1, 2011. Acts 2017, ch. 381, § 3 provided that the act, which amended this section, shall apply to offenses occurring on or after July 1, 2017. Amendments. The 2019 amendment added “or acts of female genital mutilation as defined in § 39-13-110 ” at the end of (g). Effective Dates. Acts 2019, ch. 268, § 5. July 1, 2019. Cross-References. Aggravated child abuse and neglect, § 39-15-402 . Binding defendant over to grand jury, Tenn. R. Crim. P. 5, 5.1. Child abuse reports, title 37, ch. 1, part 4. Failure to support child, title 39, ch. 15, part 1. Juveniles, title 37, ch. 2. Kidnapping children under 13, § 39-13-305 . Missing Children Recovery Act, title 37, ch. 10, part 2. Penalties for Class D and E felonies, § 40-35-111 . Penalty for Class A misdemeanor, § 40-35-111 . Rape of a child, § 39-13-522 . Selling or giving weapons to minors, § 39-17-1303 . Statutory rape, § 39-13-506 . Rule Reference. This section is referred to in the text and Advisory Commission Comments of Rule 1 of the Tennessee Rules of Juvenile Procedure. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 7.1. Law Reviews. The Trexler Saga: Hale & Middlebrooks (Gary R. Wade), 23 Mem. St. U.L. Rev. 319 (1993). Attorney General Opinions. Jurisdiction of juvenile courts over misdemeanors of child abuse and neglect and contributing to delinquency, OAG 93-24 (3/29/93). Cocaine use by pregnant woman, OAG 95-023 (3/27/95). Violations of this section do not rise to the level of harm contemplated by T.C.A. § 40-24-107 , providing for imposition of a $ 500.00 privilege tax upon conviction for any sex crime involving children, OAG 03-104 (8/19/03). Juvenile court official's providing copies of civil petitions alleging child abuse to district attorneys general. OAG 10-124, 2010 Tenn. AG LEXIS 130 (12/30/10). Liability for infants born with narcotic drug dependency. OAG 13-01 (revised), 2013 Tenn. AG LEXIS 12 (2/1/13).