Injury to a Child in Texas: Penal Code 22.04

In Texas, injury to a child is a serious felony offense that can stem from minor bruises to unexplained death. These charges are extremely serious and can result in prison time, loss of child custody, and negative media coverage. At Varghese Summersett, we understand the complexities of these cases and are here to provide expert legal guidance.

What Constitutes Injury to a Child in Texas?

Injury to a child is defined in Section 22.04 of the Texas Penal Code. An individual commits this offense if they intentionally, knowingly, recklessly, or with criminal negligence, cause to a child:

• Serious bodily injury;
• Serious mental deficiency, impairment, or injury; or
• Bodily injury.

Under this statute, a child is defined as a person 14 years of age or younger.

Understanding the Mental States in Injury to a Child Cases

The mental state of the accused plays a crucial role in determining the severity of the charge. Let’s break down these mental states:

Intentionally

This means the person consciously desired to cause the injury or was aware that the injury was reasonably certain to occur as a result of their conduct.

Knowingly

A person acts knowingly when they are aware that their conduct is reasonably certain to cause the injury.

Recklessly

Reckless behavior involves consciously disregarding a substantial and unjustifiable risk that injury will occur.

Criminal Negligence

This involves failing to perceive a substantial and unjustifiable risk that injury will occur. The risk must be of such a nature that the failure to perceive it constitutes a gross deviation from the standard of care an ordinary person would exercise.

Punishment for Injury to a Child in Texas

The punishment for injury to a child varies based on the severity of the injury and the mental state of the accused:

Injury to a Child by Omission

Unlike most offenses, injury to a child can be charged due to failure to perform certain duties. This is known as injury by omission. For a person to be charged with injury to a child by omission, they must have:

1. A legal or statutory duty to act; or
2. Assumed care, custody, or control of a child.

Examples of injury to a child by omission include:

• A parent failing to seek medical attention for an injured child
• A caregiver not providing necessary food or water to a child
• A parent failing to protect their child from abuse by another person

Understanding “Care, Custody, or Control” in Injury to a Child Cases

The Texas Penal Code provides a specific definition for “care, custody, or control” in the context of injury to a child cases. A person is considered to have assumed care, custody, or control if their conduct would lead a reasonable person to conclude that they have accepted responsibility for protection, food, shelter, and medical care for the child.

This definition is particularly important for:

• Babysitters
• Teachers
• Daycare workers
• Relatives temporarily watching a child

Defenses to Injury to a Child Charges

There are several defenses available in injury to a child cases. These include:

Affirmative Defenses

• Reasonable discipline: Parents in Texas have the right to discipline their children, including using corporal punishment, as long as it’s reasonable and doesn’t cause injury.
• Medical care exception: It’s a defense if the injury occurred during reasonable medical care as directed by a licensed physician.
• Religious healing methods: If the injury resulted from treatment by a recognized religious method of healing with a generally accepted rate of success, it can be used as a defense.
• Termination of care: If the caregiver notified the child, parents, or Department of Family and Protective Services that they would no longer be providing care before the injury occurred.
• Age proximity: It’s a defense if the accused was not more than three years older than the child at the time of the offense.

Other Defenses

• Lack of intent: Proving that the injury was accidental and not intentional, knowing, reckless, or negligent.
• Challenging the evidence: Questioning the reliability of medical evidence or witness testimony.
• False accusations: Demonstrating that the allegations are false, possibly motivated by custody disputes or personal vendettas.

Special Considerations in Injury to a Child Cases

Shaken Baby Syndrome

Shaken Baby Syndrome (SBS) is a serious form of child abuse that can lead to severe injury or death. However, recent scientific developments have challenged some of the traditional assumptions about SBS. At Varghese Summersett, we stay abreast of the latest research to provide the best possible defense in these complex cases.

Burns and Scalds

Burn injuries in children can be particularly challenging to defend against. Our team works with medical experts to distinguish between accidental and intentional burns, considering factors such as:

• The pattern and depth of the burn
• The child’s developmental stage
• The explanation provided for the injury

Head Injuries

Head injuries in children can range from minor bruises to severe traumatic brain injuries. These cases often require extensive medical evidence and expert testimony. Our attorneys work closely with medical professionals to understand and explain complex diagnoses such as:

• Subdural hematomas
• Retinal hemorrhages
• Skull fractures

The Role of Child Protective Services (CPS) in Injury to a Child Cases

When an allegation of injury to a child is made, Child Protective Services (CPS) often becomes involved. This can lead to a parallel investigation alongside any criminal proceedings. It’s crucial to understand that:

• CPS investigations can lead to removal of children from the home
• Statements made to CPS can potentially be used in criminal proceedings
• CPS has different standards of proof than criminal courts

At Varghese Summersett, we advise clients on how to navigate both CPS investigations and criminal proceedings simultaneously.

Collateral Consequences of an Injury to a Child Conviction

Beyond the immediate legal penalties, a conviction for injury to a child can have far-reaching consequences:

• Employment: Many jobs, especially those involving children, will be off-limits.
• Housing: Rental applications may be denied due to the conviction.
• Child custody: A conviction can severely impact current and future custody arrangements.
• Professional licenses: Many professional licenses can be revoked or denied due to this conviction.
• Immigration status: Non-citizens may face deportation or inadmissibility.

False Allegations of Child Abuse

False allegations of child abuse are more common than many people realize. They often arise in the context of:

• Divorce proceedings
• Custody disputes
• Personal vendettas

It’s important to note that making a false report of child abuse is itself a criminal offense under Texas Family Code Section 261.107. A first offense is a state jail felony, while subsequent offenses are third-degree felonies.

The Importance of Proper Investigation in Injury to Child Cases

At Varghese Summersett, we understand the critical importance of a thorough and prompt investigation in injury to child cases. This often involves:

• Interviewing witnesses
• Gathering and preserving physical evidence
• Consulting with medical experts
• Reviewing CPS and police reports
• Analyzing the child’s medical history

A proper investigation can often reveal alternative explanations for a child’s injuries or inconsistencies in the prosecution’s case.

Why Choose Varghese Summersett for Your Injury to a Child Defense

Facing an injury to a child charge can be overwhelming. At Varghese Summersett, we offer:

• Experience: Our team includes former prosecutors who understand how these cases are built and prosecuted.
• Dedication: We’re committed to providing aggressive and strategic defense for our clients.
• Resources: We have access to top medical experts and investigators to build the strongest possible defense.
• Compassion: We understand the emotional toll these cases can take and provide supportive, client-focused representation.

Contact Varghese Summersett Today

If you’re facing an injury to a child charge in Fort Worth or the surrounding areas, don’t wait. Contact Varghese Summersett today for a free consultation. Our experienced team is ready to fight for your rights and your future.