SB 986 — Relating to child torture and abused children

(C) Nutritional deprivation;

(D) Abandonment by the parent, guardian, or custodian;

(E) Inadequate treatment of serious illness or disease;

(F) Substantial emotional injury inflicted by a parent, guardian, or custodian;

(G) Sale or attempted sale of the child by the parent, guardian, or custodian;

CS for SB 986 (H) The parent, guardian, or custodian’s abuse of alcohol or drugs or other controlled substance as defined in §60A-1-101 of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child’s health or safety;

or (I) Any other condition that threatens the health, life, or safety of any child in the home.

"Neglected child" means a child:

(A) Whose physical or mental health is harmed or threatened by a present refusal, failure, or inability of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education, when that refusal, failure, or inability is not due primarily to a lack of financial means on the part of the parent, guardian, or custodian;

or (B) Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child’s parent or custodian:

or Provided, That (C) "Neglected neglected child" does not mean a child whose education is conducted within the provisions of §18-8-1 et seq.

of this code.

"Parent Resource Navigator" means an individual established through the Court Improvement Program (CIP) or Public Defender Services (PDS) model who is assisting a parent or parents through requirements to be unified or reunified with their child or children.

"Petitioner or co-petitioner" means the department or any reputable person who files a child abuse or neglect petition pursuant to §49-4-601 et seq.

of this code.

"Permanency plan" means the part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available.

"Respondent" means all parents, guardians, and custodians identified in the child abuse and neglect petition who are not petitioners or co-petitioners.

"Sexual abuse" means:

(A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §61-8c- 3 of this code, which a parent, guardian, or custodian engages in, attempts to engage in, or knowingly procures another person to engage in, with a child notwithstanding the fact that for a CS for SB 986 child who is less than 16 years of age, the child may have willingly participated in that conduct or the child may have suffered no apparent physical, mental, or emotional injury as a result of that conduct or, for a child 16 years of age or older, the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental, or emotional injury as a result of that conduct;

(B) Any conduct where a parent, guardian, or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making that display, or of the child, or for the purpose of affronting or alarming the child;

or (C) Any of the offenses proscribed in §61-8b-7, §61-8b-8, or §61-8b-9 of this code.

"Sexual assault" means any of the offenses proscribed in §61-8b-3, §61-8b-4, or §61-8b- 5 of this code.

"Sexual contact" means sexual contact as that term is defined in §61-8b-1 of this code.

"Sexual exploitation" means an act where:

(A) A parent, custodian, or guardian, whether for financial gain or not, persuades, induces, entices, or coerces a child to engage in sexually explicit conduct as that term is defined in §61- 8c-1 of this code;

(B) A parent, guardian, or custodian persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, or custodian knows that the display is likely to be observed by others who would be affronted or alarmed;

or (C) A parent, guardian, or custodian knowingly maintains or makes available a child for the purpose of engaging the child in commercial sexual activity in violation of §61-14-5 of this code.

CS for SB 986 "Sexual intercourse" means sexual intercourse as that term is defined in §61-8b-1 of this code.

"Sexual intrusion" means sexual intrusion as that term is defined in §61-8b-1 of this code.

"Serious physical abuse" means bodily injury which creates a substantial risk of death, causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

CHAPTER 61.

CRIMES AND THEIR PUNISHMENT.

(a) For the purposes of this section the terms defined in section one of this article have the same meaning in this section:

"Emotional“Bodily distress"injury” meanshas significantthe mentalsame ormeaning psychologicalas suffering.defined in §61-8B-1 of this code.

"Period“Course of time"conduct” means two or more thanacts or omissions directed at the same child, which evidence a continuing pattern of abuse, injury, deprivation, or emotional distress and which are not a single 48-hourisolated period.event.

"Torture"“Emotional distress” means asignificant coursepsychological ofor conductemotional againstsuffering aor childdistress that includesmay, atbut leastdoes onenot ofnecessarily, therequire followingmedical acts or substantiallyother similarprofessional acts:treatment or counseling.

(A)“Sadistic Breaking,gratification” severingmeans orpleasure severelygained impairingfrom athe limbpain and suffering of thesomeone child;else.

(B)“Serious Inflictingbodily severeinjury” andhas prolongedthe painsame frommeaning striking,as burning,defined orin cutting§61-8B-1 theof child;this code.

(C)"Severe Causingemotional distress" means severe psychological or allowingemotional asuffering grosslythat unreasonableresults periodin ofsubstantial timephysical whereor thecognitive childimpairment, isa deprivedclinically ofdiagnosable foodpsychological or water;physical condition, or observable and verifiable symptoms.

(D)“Terrorize” Knowinglymeans restraining the child so as to interferecreate substantiallyor withmaintain thea child'sstate personalof libertyextreme fear in asomeone. grossly unreasonable manner;

(E)"Torture" Forcingmeans thea childcourse toof remainconduct inagainst ana areachild that isinvolves notextreme suitablecruelty forresulting habitation,in suchphysical aspain, anemotional areadistress, whereor urinea orsubstantial fecesrisk areof activelybodily present;injury.

(F)CS Subjectingfor theSB 986 (b) If a parent, guardian, custodian, or person in a position of trust in relation to a child intentionally or knowingly tortures that child, the parent, guardian, custodian, or person in a position of trust in relation to extremethe temperatureschild withoutis adequateguilty clothing;of the felony of child torture and upon conviction shall be imprisoned in a state correctional facility for two to 10 years.

(G)(c) ForcingIf excessivea andparent, unnecessaryguardian, timecustodian, periodsor person in a position of exercisetrust orin otherrelation physicalto actsa aschild intentionally and knowingly tortures a formchild and, in the course of punishmenttheir againstconduct of torture they have done so with any of the child;following:

(H)(1) EngagingAn inintent theto sexualterrorize abusea orchild; exploitation of the child or allowing or participating in the sexual abuse or exploitation of the child by another person;

(l)(2) RepeatedlyAn intimidatingintent orto humiliatingcause thesevere childemotional fordistress thein purposea ofchild; causing significant Intr SB 986 2026R2250 emotional distress;

(J)(3) TerrorizingAn orintent threatening death or harm to thegain child,sadistic agratification; loved one of the child, or a pet or loved object of the child for the purpose of causing significant emotional distress;

(K)(4) RestrictingAn basicintent andto necessarycause bodilyor functionsan neededact forthat thecauses personalserious hygienebodily injury or a substantial risk of serious bodily injury or death to the child;

or (L)(5) EngagingThe inuse conductof thata placesfirearm theor childother atdeadly riskweapon ofas seriousdefined bodilyin injury.§61-7-2;

(b)The Aparent, personguardian, iscustodian, guiltyor ofperson childin torturea whenposition suchof persontrust intentionally,in knowinglyrelation orto recklesslythe tortures a child who is underguilty theirof care, custody, or control or for whom the personfelony owesoffense a duty of protection,aggravated orchild whentorture, suchand personupon isconviction ashall parent,be guardian,imprisoned custodian or person in a positionstate ofcorrectional trustfacility infor relationfive to the15 child.years.

(c)(d) AnyThe personoffense whoin commitsthis childsection torture:is established as a separate and distinct offense, and in addition to any and all other offenses provided for in this code.

(1) Is guilty of a felony when the victim does not suffer bodily injury and, upon conviction hereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.

(2) Is guilty of a felony when the victim suffers bodily injury and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than two nor more than 10 years.

NOTE:

The purpose of this bill is to create the crime of child torture.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.