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This entry was published on 2014-09-22
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SECTION 120.02
Reckless assault of a child
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 120
§ 120.02 Reckless assault of a child.

1. A person is guilty of reckless assault of a child when, being
eighteen years of age or more, such person recklessly causes serious
physical injury to the brain of a child less than five years old by
shaking the child, or by slamming or throwing the child so as to impact
the child's head on a hard surface or object.

2. For purposes of subdivision one of this section, the following
shall constitute "serious physical injury":

a. "serious physical injury" as defined in subdivision ten of section
10.00 of this chapter; or

b. extreme rotational cranial acceleration and deceleration and one or
more of the following: (i) subdural hemorrhaging; (ii) intracranial
hemorrhaging; or (iii) retinal hemorrhaging.

Reckless assault of a child is a class D felony.