What constitutes the crime of mayhem when a child falls and chips a tooth?

California, United States of America


The following excerpt is from People v. Stansell, B252639 (Cal. App. 2015):

The child fell and chipped a tooth. Somehow this resulted in the crime of mayhem. A person is guilty of mayhem "who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip . . . ." (Pen. Code, 203). The offense of mayhem punishes a person for causing permanent disfigurement. (See Goodman v. Superior Court (1978) 84 Cal.App.3d 621, 625).

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