What is the definition of the crime of "child abuse homicide"?
California, United States of America
The following excerpt is from People v. De Oliveira, B294321 (Cal. App. 2020):
Penal Code section 273ab, subdivision (a), defines the offense of "child abuse homicide."11 (People v. Wyatt (2010) 48 Cal.4th 776, 780.) "The elements of the offense are: '(1) A person, having the care or custody of a child under the age of eight; (2) assaults this child; (3) by means of force that to a reasonable person would be likely to produce great bodily injury; (4) resulting in the child's death.'" (Ibid.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a lesser included offence of misdemeanor child abuse of counts 2 and 3 (felony child abuse) the same category? (California, United States of America)
Is a lesser included offense of misdemeanor child abuse of counts 2 and 3 (felony child abuse) the same category? (California, United States of America)
What constitutes a Child Imitation and Abandonment (CIMT) or a Crime of Child Abuse? (California, United States of America)
What is the difference between a directly abused child and a indirectly abused child? (California, United States of America)
What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
Does the Attorney General's opinion that a professional must report non-abusive behavior to a minor violate the child abuse victim's right to privacy? (California, United States of America)
Can a defendant stand convicted of continuous sexual abuse of a child and one of the acts that took place during the period of the abuse? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can a victim's family member attend a trial for abuse of child abuse? (California, United States of America)
