Section 120.02. Reckless assault of a child  


Latest version.
  • 1.  A  person  is  guilty  of  reckless assault of a child when, being
      eighteen years of age or more, such  person  recklessly  causes  serious
      physical  injury  to  the  brain  of a child less than five years old by
      shaking the child, or by slamming or throwing the child so as to  impact
      the child's head on a hard surface or object.
        2.  For  purposes  of  subdivision  one of this section, the following
      shall constitute "serious physical injury":
        a. "serious physical injury" as defined in subdivision ten of  section
      10.00 of this chapter; or
        b. extreme rotational cranial acceleration and deceleration and one or
      more  of  the  following:  (i)  subdural hemorrhaging; (ii) intracranial
      hemorrhaging; or (iii) retinal hemorrhaging.
        Reckless assault of a child is a class D felony.