Bill Summary – FastDemocracy

H.B. 748
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Apr 18, 2023
                                      SESSION 2023                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                    HOUSE BILL DRH40102-ML-55
     Short Title:   Felony Child Abuse/Expand Scope.                                            (Public)
     Sponsors:      Representative D. Hall.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON
     PROVIDING CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN
     YEARS OF AGE TO COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT
     UPON THE CHILD, TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY
     PERSON PROVIDING CARE TO OR SUPERVISION OF A CHILD LESS THAN
     SIXTEEN YEARS OF AGE TO INTENTIONALLY AND ROUTINELY INFLICT
     PHYSICAL INJURY ON THAT CHILD, AND TO MAKE A TECHNICAL CHANGE.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 14-318.4 reads as rewritten:
 "§ 14-318.4. Child abuse a felony.
     (a)     A parent or any other person providing care to or supervision of a child less than 16
 years of age who intentionally inflicts any serious physical injury upon or to the child or who
 intentionally commits an assault upon the child which results in any serious physical injury to
 the child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this
 section.
     (a1) Any A parent or any other person providing care to or supervision of a child less than
 16 years of age, or any other person providing care to or supervision of the child, age who
 commits, permits, or encourages any act of prostitution with or by the child is guilty of child
 abuse and shall be punished as a Class D felon.
     (a2) Any A parent or legal guardian of any other person providing care to or supervision
 of a child less than 16 years of age who commits or allows the commission of any sexual act
 upon the child is guilty of a Class D felony.
     (a3) A parent or any other person providing care to or supervision of a child less than 16
 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally
 commits an assault upon the child which results in any serious bodily injury to the child, or which
 results in permanent or protracted loss or impairment of any mental or emotional function of the
 child, is guilty of a Class B2 felony.
     (a4) A parent or any other person providing care to or supervision of a child less than 16
 years of age who intentionally and routinely inflicts physical injury on that child or deprives that
 child of necessary food, clothing, shelter, or proper physical care for the purpose of causing fear,
 emotional injury, or deriving sexual gratification is guilty of a Class B2 felony.
     (a4)(a5) A parent or any other person providing care to or supervision of a child less than
 16 years of age whose willful act or grossly negligent omission in the care of the child shows a
 reckless disregard for human life is guilty of a Class E felony if the act or omission results in
 serious bodily injury to the child.
                                    *DRH40102-ML-55*
     General Assembly Of North Carolina                                                     Session 2023
     (a5)(a7) A parent or any other person providing care to or supervision of a child less than
 16 years of age whose willful act or grossly negligent omission in the care of the child shows a
 reckless disregard for human life is guilty of a Class G felony if the act or omission results in
 serious physical injury to the child.
     (a6) For purposes of this section, a "grossly negligent omission" in providing care to or
 supervision of a child includes the failure to report a child as missing to law enforcement as
 provided in G.S. 14-318.5(b).
     (b)     The felony of child abuse is an offense additional to other civil and criminal
 provisions and is not intended to repeal or preclude any other sanctions or remedies.
     (c)     Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may
 be treated as a mitigating factor in sentencing for a conviction under this section involving that
 infant.
     (d)     The following definitions apply in this section:
             (1)    Grossly negligent omission. – In the context of providing care to or
                    supervision of a child, this term includes the failure to report a child as missing
                    to law enforcement as provided in G.S. 14-318.5(b).
             (2)    Serious bodily injury. – Bodily injury that creates a substantial risk of death
                    or that causes serious permanent disfigurement, coma, a permanent or
                    protracted condition that causes extreme pain, or permanent or protracted loss
                    or impairment of the function of any bodily member or organ, or that results
                    in prolonged hospitalization.
             (2)(3) Serious physical injury. – Physical injury that causes great pain and suffering.
                    The term includes serious mental injury."
             SECTION 2. This act becomes effective December 1, 2023, and applies to offenses
 committed on or after that date.
     Page 2                                                                           DRH40102-ML-55
Statutes affected: 
Filed: 14-318.4
Edition 1: 14-318.4
Edition 2: 14-318.4
Edition 3: 14-318.4, 14-208.9A, 14-208.12A, 15A-831, 15B-11, 42-40, 42-45.1, 50B-2