Child Abuse Laws & Definitions

• Study notes on laws and definitions related to child abuse, neglect, and endangerment, along with reporting requirements and related legal aspects.

Laws & Definitions

NRS 200.508 Abuse, Neglect or Endangerment of a Child

• Involves willfully causing a child under 18 to suffer unjustifiable physical or mental suffering or placing them in a situation where they may suffer such harm.
• Penalties vary, with substantial bodily harm leading to a felony charge.

Persons Responsible for the Child

• Includes the child’s parent or guardian, step-parent living with the child, any adult regularly in the household, or volunteers/employees at care facilities.

NRS 432B.020 Abuse or Neglect

• Defined as physical or mental injury of a non-accidental nature, sexual abuse or exploitation, or negligent treatment/maltreatment.
• Does not solely concern physical welfare nor completely parallel Child Abuse under NRS 200.508.

Negligent Treatment or Maltreatment

• Encompasses abandonment, lack of proper care, control, supervision, or necessary provisions (subsistence, education, shelter, medical care).
• Results from the faults, habits, neglect, or refusal of the responsible person to provide for the child's well-being.

Physical Injury

• Includes sprains, dislocations, cartilage damage, bone fractures (including skull), intracranial hemorrhage or injury to internal organs, burns, cuts, lacerations, punctures, bites, disfigurement (temporary or permanent), or loss/impairment of a body part or organ.

Lewd/Lascivious Acts NRS 201.230

• Involves a person 18 or older committing lewd acts upon a child under 16, or a person under 18 committing such acts upon a child under 14, with the intent to arouse or gratify sexual desires.

Children Annoying/Molesting NRS 432B

• Sexual abuse can include incest, lewdness with a minor, annoying and molesting, sado-masochistic abuse, sexual assault (under 14/16), statutory sexual seduction, open and gross lewdness, or mutilation of genitalia.

Sexual Exploitation

• Defined as forcing, allowing, or encouraging a child to engage in prostitution, view or produce pornography, or participate in live sexual performances for an audience.

NRS 200.730 Possession of Child Pornography

• Knowingly and willfully possessing any visual presentation depicting a sexual portrayal or sexual conduct involving a child.
• A first offense is a felony.

Unlawful Sexual Intercourse

• "Sexual penetration" includes cunnilingus, fellatio, or any intrusion into the genital/anal openings of another person's body by a body part or object.
• "Statutory sexual seduction" is sexual intercourse committed by someone 18 or older with a 14 or 15-year-old who is at least 4 years younger.

Loitering about Schools/Public Places NRS 207.270

• Loitering around schools or public places where children congregate without a legitimate reason to supervise or be at leisure there is a misdemeanor.

NRS 432B.030 “Agency which provides child welfare services”

• In counties with less than 100,000 residents, it's the local office of the Division of Child and Family Services.
• In counties with 100,000+ residents, it's the county agency that provides or arranges child welfare services.

Mandatory Reporting

“Mandatory Reporters”

• Include medical personnel, coroners, clergy (except during confession), social services, school personnel, child care facilities, attorneys (unless privileged), referral agencies, and law enforcement, acting in their professional capacity.

Report Requirements

• A report must be made as soon as reasonably possible, but within 24 hours, after knowing or having reasonable cause to believe a child has been abused or neglected.

Liabilities NRS 432B.160

• Persons are not held criminally liable for reporting suspected child abuse, conducting interviews, or taking/allowing photographs or medical tests in good faith and according to state law.
• Circumstances which may not require an investigation include the reasonable exercise of discipline by a parent or guardian if such discipline was not excessive.

NRS 432B.150 Excessive Corporal Punishment

• Can result in physical or mental injury constituting child abuse or neglect.

Reporting Confidentially

NRS 432B.280 Confidentiality

• Information maintained by an agency providing child welfare services is confidential, with exceptions as provided by law.
• Willfully releasing or disseminating such information outside authorized channels can lead to penalties, except pursuant to a criminal prosecution.

Exigent Circumstances-Threat “s” to Minors

• Ascertain probable cause for immediate arrest, or need for further investigation, meaning reasonable suspicion supported by facts & circumstances sufficient to justify a reasonable person to believe that a crime was committed by a certain person.

Building Blocks to Probable Cause

• Include physical evidence, corroboration of facts, interviews resulting in direct or indirect admissions, witness statements, and other relevant information.

Abused Child-Removed from Home

• Considerations include immediate safety concerns if the child remains in the home.
• Medical welfare and evidence are priorities, including injuries inconsistent with explanations, injuries on multiple body planes, inconsistent statements, and delayed treatment.

Statutory Definition-Child Abuse

• NRS 200.508: A person who willfully causes a child under 18 to suffer unjustifiable physical or mental pain or places them in situations where they may suffer. Substantial bodily harm leads to a felony charge.

Persons Responsible for the Child

• Parent, guardian, step-parent living with the child, any adult regularly in the household, volunteers, or employees of care facilities.

Discuss Physical Behavioral Indicators of Children

Physical Injury

• Includes sprains, dislocations, cartilage damage, bone fractures, intracranial hemorrhage, injuries to internal organs, burns, cuts, lacerations, punctures, bites, permanent or temporary disfigurement, or loss/impairment of a body part.

Physical Neglect of a Child

• Encompasses situations where a child is found begging, is not provided with necessities, lives in an unfit home, frequents the company of criminals, or is beyond parental control.

Mental Suffering

• Involves injuries to intellectual or psychological capacity or emotional condition, or observable impairment of performance or behavior.

Sexual Abuse

• Includes incest, lewdness with a minor, annoying and molesting, sado-masochistic abuse, sexual assault, statutory sexual seduction, and open and gross lewdness.

Crime Classifications

• A crime is an act or omission forbidden by law, punishable by death, imprisonment, fine, or other penal discipline.
• Felonies are crimes punishable by death or imprisonment in state prison.
• Misdemeanors are punishable by a fine of not more than $1,000 or jail for up to 6 months; all other crimes are gross misdemeanors (NRS 193.120).