The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 122 Original 2017 Regular Session Ward
Present law provides that the crime of cruelty to juveniles is any of the following:
(1) The intentional or criminally negligent mistreatment or neglect by anyone 17 years of age or
older of any child under the age of 17 years whereby unjustifiable pain or suffering is caused
to the child. Lack of knowledge of the child's age is not a defense.
(2) The intentional or criminally negligent exposure by anyone 17 years of age or older of any
child under the age of 17 years to a clandestine laboratory operation as defined by present
law in a situation where it is foreseeable that the child may be physically harmed. Lack of
knowledge of the child's age is not a defense.
(3) The intentional or criminally negligent allowing of any child under the age of 17 years by any
person over the age of 17 years to be present during the manufacturing, distribution, or
purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous
substance in violation of present law (Uniform Controlled Dangerous Substances Law). Lack
of knowledge of the child's age is not a defense.
Proposed law retains present law.
Present law provides that whoever commits the crime of cruelty to juveniles is to be fined up to
$1,000, or imprisoned with or without hard labor for up to 10 years, or both.
Proposed law retains present law and adds that if the offender is an owner, employee, volunteer, or
agent of an early learning center, including a child day care center, as defined in present law, acting
in the course and scope of the performance of his duties, he is to be fined between $500 and $1,000,
or imprisoned with or without hard labor for between one year and 10 years, or both.
Present law provides that the crime of second degree cruelty to juveniles is the intentional or
criminally negligent mistreatment or neglect by anyone over the age of 17 years to any child under
the age of 17 years that causes serious bodily injury or neurological impairment to that child. Present
law defines "serious bodily injury" as bodily injury involving protracted and obvious disfigurement
or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or
substantial risk of death.
Proposed law retains present law.
Present law provides that whoever commits the crime of second degree cruelty to juveniles is to be
imprisoned at hard labor for not more than 40 years. Proposed law retains present law and adds that if the offender is an owner, employee, volunteer, or
agent of an early learning center, including a child day care center, as defined in present law, acting
in the course and scope of the performance of his duties, he is to be imprisoned at hard labor for not
less than five years nor more than 40 years.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:93(D) and 93.2.3(C))