Facing Charges of Wantonly or Recklessly Permitting Injury to a Child Under 14? You Need an Experienced Defense.
Being accused of a crime involving a child is a deeply distressing experience. If you are charged under G.L. c. 265, § 13J(d) for wantonly or recklessly permitting (substantial) bodily injury to a child under 14, you are facing serious allegations that could have profound consequences for your future. At Simons Law Office, we understand the complexities of these cases and are here to provide the robust defense you deserve.
These charges fall under Chapter 265 of Massachusetts General Laws, which addresses “crimes against the person.” It’s crucial to understand exactly what the prosecution must prove to secure a conviction and what defenses may be available to you.
What the Prosecution Must Prove: The Elements of the Crime
For the Commonwealth to prove you guilty of wantonly or recklessly permitting (substantial) bodily injury to a child under 14, they must establish four things beyond a reasonable doubt:
1. That you had the care and custody of the alleged victim.
◦ “Person having care and custody” is broadly defined. It includes a parent, guardian, employee of a home or institution, or any other person with equivalent supervision or care of a child, whether that supervision is temporary or permanent.
2. That the alleged victim suffered a (substantial) bodily injury.
◦ “Bodily injury” means a substantial impairment of the physical condition. This includes, but is not limited to, any burn, a fracture of any bone, a subdural hematoma, injury to any internal organ, any injury resulting from repeated harm to any bodily function or organ (including human skin), or any physical condition that substantially imperils a child’s health or welfare. It is an injury to any body part that considerably or significantly compromises its usual bodily function.
◦ “Substantial bodily injury” is a more severe form of harm. It means bodily injury that creates a permanent disfigurement, a protracted loss or impairment of a function of a body member, limb, or organ, or a substantial risk of death. This includes when a body part or system is significantly impeded in its ability to fulfill its role, or when significant damage compromises a limb’s or organ’s capacity to perform its usual function.
3. That you wantonly or recklessly permitted the (substantial) bodily injury to occur.
◦ This is a critical element. The prosecution must prove that you wantonly or recklessly permitted the injury yourself, or that you wantonly or recklessly permitted another person to commit an assault and battery upon the child that caused the injury.
◦ Wanton or reckless conduct is more than mere negligence. It is not enough to show that you acted in a way a reasonably careful person would not.
◦ A person acted wantonly or recklessly if they knew or should have known that their actions or failure to act were very likely to result in bodily harm to the child, but ran that risk anyway.
◦ Crucially, the Commonwealth does not need to prove that you intended the child to be harmed or that you foresaw the specific harm that resulted.
◦ Even if you were not conscious of the danger, your conduct can still be considered wanton or reckless if a reasonable person, under the circumstances you knew, would have recognized that your actions or failure to act were very likely to result in bodily harm to the child.
◦ It is important to note that the statute criminalizes acts of omission (failure to act) in addition to acts of commission (actions), and a conviction can occur even without proof of precisely how the injuries happened.
◦ If the charge is about permitting another to commit assault and battery, the prosecution must show your wanton or reckless conduct allowed someone else to intentionally touch the child in a way likely to cause harm, resulting in the injury.
4. That, on the date of the alleged offense, the alleged victim was a child under 14 years of age.
◦ A “child” is defined as any person under fourteen years of age. The prosecution does not need to prove that you knew the victim was under 14; only that they were, in fact, under 14 at the time of the alleged offense.
Potential Penalties
The consequences for a conviction of wantonly or recklessly permitting bodily injury to a child under 14 are severe and depend on the severity of the injury:
• Wantonly or recklessly permitting bodily injury (not substantial bodily injury): You could face imprisonment for up to two and one-half years in the house of correction.
• Wantonly or recklessly permitting substantial bodily injury: You could face up to five years in prison, or up to two and one-half years in the county jail.
In some cases, if a judge does not impose a sentence of imprisonment for certain crimes against persons, they are required to include specific reasons for this decision in the public record.
How an Experienced Defense Attorney Can Help
A charge of wantonly or recklessly permitting injury to a child under 14 carries serious implications, but there are always defenses to explore. An experienced criminal defense attorney will meticulously examine every aspect of the Commonwealth’s case against you. We can challenge:
• The Element of “Care and Custody”: Did you truly have legal “care and custody” as defined by the statute? We can argue that your relationship or level of supervision over the child does not meet the legal definition.
• The Nature of the Injury: Was the injury sustained truly a “bodily injury” or “substantial bodily injury” as legally defined? Medical evidence and expert testimony can be crucial in disputing the severity, nature, or even the cause of the injury. We can argue that the injury does not meet the high threshold required by the law.
• The “Wanton or Reckless” Standard: This is often the most contested element. We can argue that your actions, or inactions, did not rise to the level of “wanton or reckless” conduct, but perhaps were merely negligent, or not negligent at all. We will focus on showing that you did not know, and a reasonable person in your specific circumstances would not have known, that your conduct was “very likely to result in bodily harm.” We can also challenge the link between your actions (or omissions) and the resulting injury. If another person was involved, we can argue that your conduct did not wantonly or recklessly permit their actions.
• The Age of the Child: While your knowledge of the child’s age isn’t required for conviction, if the child’s age is close to the statutory limit of 14, we can investigate the precise date of birth and challenge any ambiguities regarding their age at the time of the alleged offense.
Protecting Your Future
These cases are complex, emotionally charged, and require a deep understanding of the law and court procedures. The legal definition of “wanton or reckless” is distinct and higher than simple negligence, and understanding this distinction is key to a strong defense.
If you or a loved one are facing charges of wantonly or recklessly permitting (substantial) bodily injury to a child under 14, do not delay. The experienced defense attorneys at Simons Law Office are dedicated to protecting your rights, your reputation, and your freedom. We will thoroughly review your case, explain your options, and build a strategic defense aimed at achieving the best possible outcome.
Contact Simons Law Office at 781-797-0555 today for a confidential consultation.
