[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3366 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3366

 To amend title 18, United States Code, to provide penalties for child 
    endangerment and abuse in the special maritime and territorial 
                   jurisdiction of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 1993

  Mr. Orton (for himself and Mrs. Schroeder) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide penalties for child 
    endangerment and abuse in the special maritime and territorial 
                   jurisdiction of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Endangerment and Abuse Act of 
1993''.

SEC. 2. CHILD ENDANGERMENT AND ABUSE.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2259. Child endangerment and abuse
    ``(a) Whoever, in the special maritime and territorial jurisdiction 
of the United States--
            ``(1) inflicts any physical injury upon a minor; or
            ``(2) having the care or custody of a minor, permits 
        another to inflict any physical injury upon that minor;
shall be punished as provided in subsection (b) of this section.
    ``(b) The punishment for an offense under this section is--
            ``(1) if the injury is a serious physical injury and the 
        conduct required for the offense is committed--
                    ``(A) intentionally or knowingly, a fine under this 
                title or imprisonment for not more than 20 years, or 
                both;
                    ``(B) recklessly, a fine under this title or 
                imprisonment for not more than 10 years, or both; or
                    ``(C) with criminal negligence, a fine under this 
                title or imprisonment for not more than 5 years, or 
                both; and
            ``(2) if the injury is other than a serious physical injury 
        and the conduct required for the offense is committed--
                    ``(A) intentionally or knowingly, a fine under this 
                title or imprisonment for not more than one year, or 
                both;
                    ``(B) recklessly, a fine under this title or 
                imprisonment for not more than 6 months, or both; or
                    ``(C) with criminal negligence, a fine under this 
                title or imprisonment for not more than 3 months, or 
                both.
    ``(c) As used in this section--
            ``(1) the term `physical injury' means an injury to or 
        condition of a minor that impairs the physical condition of the 
        minor, including--
                    ``(A) a bruise or other contusion of the skin;
                    ``(B) a minor laceration or abrasion;
                    ``(C) failure to thrive or malnutrition; and
                    ``(D) any other condition which imperils the 
                child's health or welfare [and which is not a serious 
                physical injury as defined in this section]; and
            ``(2) the term `serious physical injury' means any physical 
        injury or set of injuries which seriously impairs the child's 
        health, or which involves physical torture or causes serious 
        emotional harm to the child, or which involves a substantial 
        risk of death to the child, including--
                    ``(A) fracture of any bone or bones;
                    ``(B) intracranial bleeding, swelling or contusion 
                of the brain, whether caused by blows, shaking, or 
                causing the child's head to impact with an object or 
                surface;
                    ``(C) any burn, including burns inflicted by hot 
                water, or those caused by placing a hot object upon the 
                skin or body of the child;
                    ``(D) any injury caused by use of a deadly or 
                dangerous weapon;
                    ``(E) any combination of 2 or more physical 
                injuries inflicted by the same person, either at the 
                same time or on different occasions;
                    ``(F) any damage to internal organs of the body;
                    ``(G) any conduct toward a child which results in 
                severe emotional harm, severe developmental delay or 
                retardation, or severe impairment of the child's 
                ability to function;
                    ``(H) any injury which creates a permanent 
                disfigurement or protracted loss or impairment of the 
                function of a bodily member, limb, or organ;
                    ``(I) any conduct which causes a child to cease 
                breathing, even if resuscitation is successful 
                following the conduct; or
                    ``(J) any conduct which results in starvation or 
                failure to thrive or malnutrition that jeopardizes the 
                child's life.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2259. Child endangerment and abuse.''.

                                 <all>