Session of 1999
HOUSE BILL No. 2376
By Committee on Judiciary
9 AN ACT concerning crimes and punishment; abuse of a child; amending
10 K.S.A. 21-3609 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 21-3609 is hereby amended to read as follows: 21-
14 3609. (a) Abuse of a child is
intentionally torturing, cruelly beating, shak-
ing which results in great bodily harm or inflicting cruel and inhuman
corporal punishment upon any child under the age of 18 years.
Abuse of a child is a severity level 5, person felony.:
18 (1) Inflicting serious physical injury upon any child or, having the
19 care or custody of a child, causing or permitting another to inflict serious
20 physical injury upon the child;
21 (2) inflicting physical injury upon any child or, having the care or
22 custody of a child, causing or permitting another to inflict physical injury
23 upon the child.
24 (b) (1) Abuse of a child as described in subsection (a)(1) is:
25 (A) A severity level 4, person felony when done intentionally or
27 (B) a severity level 5, person felony when done recklessly.
28 (2) Abuse of a child as described in subsection (a)(2) is:
29 (A) A class A person misdemeanor when done intentionally or
31 (B) a class B person misdemeanor when done recklessly.
32 (c) As used in this section:
33 (1) "Child" means a person who is under the age of 18 years.
34 (2) "Physical injury" means an injury to or condition of a child which
35 impairs the physical condition of the child, including but not limited to:
36 (A) A bruise or other contusion of the skin;
37 (B) a minor laceration or abrasion;
38 (C) failure to thrive or malnutrition;and which is not a serious phys-
39 ical injury as defined in this subsection.
40 (3) "Serious physical injury" means any physical injury or set of in-
41 juries which seriously impairs a child's health, or which involves physical
42 torture or causes serious emotional harm to a child, or which involves a
43 substantial risk of death to a child, including but not limited to:
HB 2376 2
1 (A) Fracture of any bone or bones;
2 (B) intracranial bleeding, swelling or contusion of the brain, whether
3 caused by blows, shaking, or causing the child's head to impact with an
4 object or surface;
5 (C) any burn, including burns inflicted by hot water, or those caused
6 by placing a hot object upon the skin or body of the child;
7 (D) any injury caused by use of a dangerous weapon;
8 (E) any combination of two or more physical injuries inflicted by the
9 same person, either at the same time or on different occasions;
10 (F) any damage to internal organs of the body;
11 (G) any conduct toward a child which results in severe emotional
12 harm, severe developmental delay or retardation, or severe impairment
13 of the child's ability to function;
14 (H) any injury which creates a permanent disfigurement or pro-
15 tracted loss or impairment of the function of a bodily member, limb or
17 (I) any conduct which causes a child to cease breathing, even if re-
18 suscitation is successful following the conduct; or
19 (J) any conduct which results in starvation or failure to thrive or
20 malnutrition that jeopardizes a child's life.
21 Sec. 2. K.S.A. 21-3609 is hereby repealed.
22 Sec. 3. This act shall take effect and be in force from and after its
23 publication in the statute book.