§ 11-9-5.3 - Child abuse – Brendan's Law.
SECTION 11-9-5.3
§ 11-9-5.3 Child abuse – Brendan'sLaw. – (a) This section shall be known and may be referred to as "Brendan's Law".
(b) Whenever a person having care of a child, as defined by§ 40-11-2(2), whether assumed voluntarily or because of a legalobligation, including any instance where a child has been placed by his or herparents, caretaker, or licensed or governmental child placement agency for careor treatment, knowingly or intentionally:
(1) Inflicts upon a child serious bodily injury, shall beguilty of first degree child abuse.
(2) Inflicts upon a child any other serious physical injury,shall be guilty of second degree child abuse.
(c) For the purposes of this section, "serious bodily injury"means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function ofany bodily parts, member or organ, including any fractures of any bones;
(3) Causes serious disfigurement; or
(4) Evidences subdural hematoma, intercranial hemorrhageand/or retinal hemorrhages as signs of "shaken baby syndrome" and/or "abusivehead trauma."
(d) For the purpose of this section, "other physical injury"is defined as any injury, other than a serious bodily injury, which arisesother than from the imposition of nonexcessive corporal punishment.
(e) Any person who commits first degree child abuse shall beimprisoned for not more than twenty (20) years, nor less than ten (10) yearsand fined not more than ten thousand dollars ($10,000). Any person who isconvicted of second degree child abuse shall be imprisoned for not more thanten (10) years, nor less than five (5) years and fined not more than fivethousand dollars ($5,000).
(f) Any person who commits first degree child abuse on achild age five (5) or under shall not on the first ten (10) years of his or hersentence be afforded the benefit of suspension or deferment of sentence nor ofprobation for penalties provided in this section; and provided further, thatthe court shall order the defendant to serve a minimum of eight and one-half (8 1/2) years or more of the sentence before he or she becomes eligible forparole.
(g) Any person who has been previously convicted of first orsecond degree child abuse under this section and thereafter commits firstdegree child abuse shall be imprisoned for not more than forty (40) years, norless than twenty (20) years and fined not more than twenty thousand ($20,000)dollars and shall be subject to subsection (f) of this section if applicable.Any person who has been previously convicted of first or second degree childabuse under this section and thereafter commits second degree child abuse shallbe imprisoned for not more than twenty (20) years, nor less than ten (10) yearsand fined not more than ten thousand ($10,000) dollars.