How Is Child Abuse Defined in the State of Ohio?

In Ohio, child abuse occurs when a child suffers criminal sexual activity, becomes an “endangered” child, suffers non-accidental physical/mental injuries, or suffers childcare abuse. Child abuse can result in administrative sanctions such as listing in a child abuse registry or penalties for violations of Ohio’s child abuse criminal laws.

Ohio’s Child Abuse Statutes

Ohio law defines an abused child as a child who:

• Becomes the victim of criminal sexual activity, although the perpetrator need not face criminal prosecution or conviction for the activity
• Becomes the victim of disseminating, obtaining, or displaying “materials” or “performances” “harmful to juveniles”
• Becomes an “endangered” child
• Exhibits evidence of physical/mental injury or death inflicted by other than accidental means or an injury or death at odds with the explanation for such injury/death
• Suffers physical/mental injury that harms or threatens to harm the child’s health or welfare, caused by the acts of the child’s parent, guardian, custodian, or caretaker
• Suffers out-of-home childcare abuse

Ohio’s criminal statutes outlaw the offense of “endangering children.” A parent, guardian, custodian, or person standing in loco parentis to a minor or a child under 21 with a physical or mental disability commits the offense of endearing if they create a substantial risk to the child’s health or safety. The statute also outlaws:

• Abuse
• Torture or cruel abuse
• Administration of corporal punishment, physical disciplinary measures, or physical restraint in a cruel manner or for a prolonged period that creates a substantial risk of serious physical harm
• Repeatedly administering unwarranted disciplinary measures that create a substantial risk of harming the child’s mental health or development
• Enticing, coercing, permitting, encouraging, compelling, or hiring a child to participate in the production, presentation, or dissemination of a material or performance that constitutes child pornography
• Allowing a child to be on the same property or within 100 feet of a housing unit where the illegal manufacturing of drugs occurs
• Driving under the influence with a minor passenger

Who Can Commit Child Abuse?

Parties who may commit child abuse under Ohio’s criminal and domestic relations laws include:

• Parents and guardians
• Other adult relatives/family members
• Caretakers/babysitters
• Childcare facility workers
• Teachers, classroom aides, school bus drivers, and other school staff
• Coaches
• Scout leaders
• Clergy
• Medical providers

Penalties for Child Abuse in Ohio

Penalties for endangering children under Ohio criminal law vary depending on the circumstances of the offense, with sentences ranging from up to six months in jail to two to eight years in prison. A person who commits child abuse may also face administrative proceedings that can culminate in a listing in the state child abuse registry.

Contact a Criminal Defense Lawyer Today

If you’ve been accused of child abuse in Ohio, you need experienced legal representation to protect your rights and reputation. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with a dedicated criminal defense attorney serving Akron and the surrounding region. We stand ready to discuss your legal options for facing prosecution for child abuse.