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Understanding ARS Child Abuse: ARS 13 3623

Facing child abuse charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process. 

This guide provides an in-depth examination of the Arizona child abuse laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges. 

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona violent crimes attorney. If you are charged with child abuse in Arizona, let Lawyer Listed match you with your ideal violent crimes lawyer as soon as possible.

Basics of Child Abuse in Arizona (ARS 13 3623)

Child Abuse ARS 13-3623

Child abuse in Arizona covers a wide range of actions that could cause injury to a child. The law focuses on both physical harm and significant harm to a child’s overall well-being. ARS 13-3623 applies to anyone responsible for caring for a child, including parents, guardians, family members, babysitters, and others entrusted with a child’s care.

Understanding the basics of child abuse in Arizona means recognizing that the law addresses two main types of wrongdoing: actively causing harm to a child (doing something that hurts them) and failing to protect a child from harm (not doing enough to keep them safe). 

Understanding the Element of Abuse

When the law speaks of abuse, it is not using the word casually. Abuse is specifically defined, covering both the visible and invisible harms that can be inflicted on a child. At its core, abuse means causing—or allowing another to cause—physical injury, impairment, or disfigurement. Abuse also extends to emotional harm, like severe anxiety, depression, withdrawal, or aggressive behavior that a doctor or psychologist can trace back to the acts or omissions of someone entrusted with the child’s care. 

The definition goes further, spelling out specific acts that qualify as abuse. Sexual crimes against children, including molestation, exploitation, and trafficking, are explicitly included. So too is exposing a child to dangerous environments, such as homes or vehicles where toxic chemicals or drug‑manufacturing equipment are present. Even unreasonable confinement is recognized as abuse under the statute.

In this way, the law makes clear that abuse is not limited to bruises or broken bones. The statutory scope of abuse is much broader, encompassing the full spectrum of harm—physical, emotional, sexual, and environmental—that can result when those responsible for a child fail in their duty of protection.

Key Concepts of Child Abuse

General Terms

  • Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
  • Knowingly: You are aware of your actions or the circumstances that make up the offense. Knowingly does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
  • Recklessly: You are aware of and deliberately choose to ignore a significant and unjustifiable risk that could lead to harmful consequences—in child abuse cases, physical or emotional harm of a minor. This conscious disregard must represent a substantial departure from how a reasonable person would behave under the same circumstances.
  • Criminal negligence: You must have failed to recognize a substantial and unjustifiable risk of abuse while acting in a manner that falls well below what a reasonable person would do under similar circumstances. This failure to perceive a risk of abuse must be a significant deviation from accepted standards of care.
  • Dangerous crime against children (DCAC): Category of offenses against victims under 15 years old that carries enhanced penalties due to the vulnerability of the victim.

Child Abuse Terms

  • Child: An individual who is under 18 years of age.
  • Physical injury: The impairment of physical condition, which includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ, or any physical condition that impairs health or welfare. 
  • Serious physical injury: Physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
  • Abuse: Causing or allowing physical injury, serious physical injury, serious emotional harm diagnosed by a professional, sexual crimes against minors, exposure to dangerous drug environments, or unreasonable confinement of a child. 

Elements of Child Abuse (Lower Charge)

For a child abuse conviction, the prosecution must prove you committed the following acts:

  1. You acted intentionally, knowingly, recklessly, or with criminal negligence.
  2. Your conduct occurred under circumstances not likely to produce death or serious physical injury.
  3. You did one of the following:
  1. Caused physical injury to the child.
  2. While having care or custody of the child, you caused or permitted the child’s health to be injured.
  3. While having care or custody of the child, you caused or permitted the child to be placed in a situation that endangered the child’s health or safety.

Elements of Child Abuse (Higher Charge)

For a child abuse conviction, the prosecution must prove you committed the following acts:

  1. You acted intentionally, knowingly, recklessly, or with criminal negligence.
  2. Your conduct occurred under circumstances likely to produce death or serious physical injury.
  3. While having care or custody of the child, you did one of the following:
  1. Caused physical injury to the child.
  2. Caused the child to suffer abuse.
  3. While having care or custody of the child, you caused or permitted the child’s health to be injured.
  4. While having care or custody of the child, you caused or permitted the child to be placed in a situation that endangered the child’s health or safety.

Arizona Statute of Limitations for Child abuse

The statute of limitations is the deadline for filing criminal charges after an alleged offense. For child abuse, prosecutors generally have up to seven years from the date of the alleged offense to bring charges. 

Sentencing for Child Abuse

Sentencing Under Arizona Laws Lawyer Listed

Sentencing under ARS 13-3623 depends on several important factors that the court must consider. These factors include the victim’s age (whether the child is under 15 years old or 15 years and older), the severity of the abuse (whether the abuse was likely to cause death or serious physical injury), and your mental state at the time of the offense (whether you acted intentionally, knowingly, recklessly, or with criminal negligence).

Understanding the ARS 13-3623 penalty structure is essential because the consequences vary significantly based on these factors.

Lower Charge

The lower, less severe, child abuse charge involves abuse that is not likely to cause death or serious physical injury to a child. The potential sentences for these charges are summarized in the table below:

Offense Charge Prison Probation (max)
Abuse: Intentional/knowing Class 4 felony 1 – 3.75 years 4 years
Abuse: Reckless Class 5 felony 6 months – 2.5 years 3 years
Abuse: Criminal negligence Class 6 felony 4 months – 2 years 3 years

Higher Charge

The higher, more serious, child abuse charge involves abuse that is likely to cause death or serious physical injury to a child. The potential sentences for these charges are summarized in the table below:

Offense Charge Prison Probation (max)
Abuse: Intentional/knowing – victim under 15 years old Class 2 felony DCAC 10 – 24 years Not Available
Abuse: Intentional/knowing – victim 15 to 17 years old Class 2 felony 3 – 12.5 years 7 years
Abuse: Reckless Class 3 felony 2 – 8.75 years 5 years
Abuse: Criminal negligence Class 4 felony 1 – 3.75 years 4 years

Frequently Asked Questions (FAQs)

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition: Child abuse under ARS 13-3623 applies to anyone who is responsible for the care of a child. Arizona child abuse laws cover both physical harm and significant damage to the child’s overall well-being. The law addresses two main categories of abuse: actively causing harm to a child and failing to protect a child from harm or danger.  
  • Mental States:
      • Intentional: You deliberately acted with the purpose of harming a child or placing them in a dangerous situation.
      • Knowing: You were aware that your conduct would injure or endanger the child’s health or safety, even if you didn’t know it was a crime.
      • Reckless: You recognized a substantial risk that your conduct could injure or endanger the child, but you consciously disregarded that risk in a way that a reasonable person would not.
      • Criminal negligence: You failed to perceive a substantial risk that your conduct could injure or endanger the child, and that failure was a significant deviation from what a reasonable caregiver would recognize and avoid. 
  • Sentencing: Child abuse in Arizona carries felony penalties that vary widely depending on the circumstances. 
      • Higher Charge: 
        • Abuse: Intentionally/knowingly – victim under 15 years old
          • Charge: Class 2 felony (DCAC)
          • Prison: 10 – 24 years
          • Probation: Not available
        • Abuse: Intentionally/knowingly – victim 15 to 17 years old
          • Charge: Class 2 felony
          • Prison: 3 – 12.5 years
          • Probation: Up to 7 years
        • Abuse: Reckless
          • Charge: Class 3 felony
          • Prison: 2 – 8.75 years
          • Probation: Up to 5 years
        • Abuse: Criminal negligence
          • Charge: Class 4 felony
          • Prison: 1 – 3.75 years
          • Probation: Up to 4 years
  • Lower Charge
      • Abuse: Intentional/knowing
        • Charge: Class 4 felony
        • Prison: 1 – 3.75 years
        • Probation: Up to 4 years
      • Abuse: Reckless
        • Charge: Class 5 felony
        • Prison: 6 months – 2.5 years
        • Probation: Up to 3 years
      • Abuse: Criminal negligence
        • Charge: Class 6 felony
        • Prison: 4 months – 2 years
        • Probation: Up to 3 years
  • Statute of limitations: The statute of limitations for child abuse is seven years from the date of the offense.

Next Steps:

Child abuse is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights. 

If you’re facing ARS child abuse charges, engaging a skilled violent crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.