Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child Under Fourteen Causing Bodily Injury

G.L. c. 265, § 13J (b ¶3)

• A person is guilty of having wantonly or recklessly permitted another to cause bodily injury to a child under fourteen years of age if the Commonwealth can prove four elements, beyond a reasonable doubt:
  • (1) That the defendant had the care and custody of the alleged victim;
  • (2) That the alleged victim was a person under fourteen years of age;
  • (3) That the alleged victim suffered bodily injury; and
  • (4) That the defendant wantonly or recklessly permitted another to cause injury to the alleged victim by touching him or her without the right to do so.
• Practice Notes
  • Persons who have care and custody may include a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether supervision is temporary or permanent
  • A bodily injury includes such impairments as:
    • A burn, a fracture of any bone, a subdural hematoma, any injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin, and any physical condition which substantially imperils a child’s health or welfare
  • Wanton or reckless behavior goes beyond that of negligence. The person acted reckless if he or she knew, or should have known, that his or her actions or failure to act were very likely to result in bodily harm to the alleged victim but he or she ran that risk and went ahead/failed to act anyway.