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An Act Establishing the Crime of Child Abuse in the Maine Criminal Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §214  is enacted to read:
§ 214. Child abuse
 
1.      As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Abuse" means:
 
B.  "Expert testimony" means testimony provided by a person who is a licensed physician under Title 32, chapter 48 or who has an equivalent license from another jurisdiction who has completed an accredited residency in psychiatry or who is a licensed psychologist under Title 32, chapter 56 or has an equivalent license from another jurisdiction.
 
C.  "Maliciously" means intentionally acting wrongfully and without legal justification or excuse.
 
D.  "Mental injury" means injury to the intellectual or psychological capacity of a child evidenced by a discernible and substantial impairment in the ability of the child to function within that child's normal range of performance and behavior as supported by expert testimony.
 
E.  "Neglect" means:
 
F.  "Serious bodily injury" means bodily injury to another that creates a substantial risk of death or extended convalescence necessary for recovery of physical health.
 
2.      A person is guilty of child abuse if:
 
A.  The person intentionally, knowingly or recklessly neglects or abuses a child without causing serious bodily injury, permanent disability or permanent disfigurement to the child, except when a parent, guardian or other person responsible for the long-term general care and welfare of a child administers corporal punishment as reasonable discipline on the child. Violation of this paragraph is a Class C crime;
 
B.  The person intentionally, knowingly or recklessly neglects a child causing serious bodily injury, permanent disability or permanent disfigurement to the child. Violation of this paragraph is a Class B crime; or
 
C.  The person intentionally or knowingly:
Sec. 2. 17-A MRSA §554, sub-§1, as amended by PL 2015, c. 358, §3, is further amended to read:
 
1.    A person is guilty of endangering the welfare of a child if that person:
 
A. Knowingly permits a child to enter or remain in a house of prostitution. Violation of this paragraph is a Class D crime; or
 
B. Knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a child under 16 years of age any intoxicating liquor, cigarettes, tobacco, air rifles, gunpowder, smokeless powder or ammunition for firearms. Violation of this paragraph is a Class D crime;.
 
B-2.  Being a parent, foster parent, guardian or other person responsible for the long-term general care and welfare of a child, recklessly fails to take reasonable measures to protect the child from the risk of further bodily injury after knowing:
 
(1) That the child had, in fact, sustained serious bodily injury or bodily injury under circumstances posing a substantial risk of serious bodily injury; and
 
(2) That such bodily injury was, in fact, caused by the unlawful use of physical force by another person.
 
Violation of this paragraph is a Class C crime;
 
B-3.  Being the parent, foster parent, guardian or other person having the care and custody of a child, knowingly deprives the child of necessary health care, with a result that the child is placed in danger of serious harm. Violation of this paragraph is a Class D crime; or
 
C.  Otherwise recklessly endangers the health, safety or welfare of the child by violating a duty of care or protection. Violation of this paragraph is a Class D crime.
 
SUMMARY
This bill creates the crime of child abuse. Child abuse occurs when a person intentionally, knowingly or recklessly neglects or abuses a child. The sentencing classes for the crime of child abuse range from a Class C crime to a Class A crime, depending on the severity of the abuse and the level of intentionality of the person inflicting the abuse. The bill repeals several provisions regarding endangering the welfare of a child that have been incorporated into the crime of child abuse. It also requires expert testimony from a licensed physician who has completed an accredited residency in psychiatry or a licensed psychologist to establish mental injury in a child abuse case.