School Bus Aid Charged with Child Abuse
Delaware State Police have arrested an 80-year-old woman of Frankford, Delaware for child abuse after an incident that occurred with a student on a school bus. According to police, on September 23, 2024, Delaware State Police were notified by the Indian River School District of an incident that occurred between a school bus aide and a student. According to the investigation, detectives learned that on September 16, 2024, a bus contracted for the Indiana River School District Early Learning Center picked up a 4-year-old student at a bus stop near the child’s residence. As the student got on the bus, the bus aide pushed the student to the rear of the bus, forcefully shoved the student into a seat, and then struck the student.
The 80-year-old suspect was arrested and taken to Troop 4, where she was charged with Child Abuse in the 3rd Degree.
Child Abuse in the 3rd Degree
Child Abuse in the 3rd Degree is considered a class D felony. Under Delaware law, a person is guilty of Child Abuse in the Third Degree when the person intentionally or recklessly causes physical injury to a child and one of the following factors applies:
- The child is less than 6 years of age.
- The child has an intellectual, developmental, or physical disability.
- The injury was caused by means of a deadly weapon or dangerous instrument.
The defendant can never argue that they were unaware of the child’s age at the time of the abuse or that they believed the child to be over the age of 6. Further, a defendant cannot claim that they didn’t know the child had an intellectual, developmental, or physical disability. In this case, the defendant is charged with abusing a child under the age of 6 and thus, she is facing Child Abuse in the 3rd Degree charges.
Child Abuse in the 3rd Degree is considered a class D felony. A class D felony has a maximum sentence of 8 years in state prison.
Degrees of Child Abuse in Delaware
There are four degrees of Child Abuse in Delaware. Child Abuse in the Fourth Degree occurs when a person recklessly or intentionally causes injury to a child. Child Abuse in the Fourth Degree is considered a misdemeanor. It becomes Third Degree Child Abuse when the child is under the age of 6, the child has a disability, or the injury was caused by means of a deadly weapon. If the injury caused to the child is considered “serious”, then the suspect can be charged with Child Abuse in the 2nd Degree, a class B felony. Child Abuse in the Second Degree carries a mandatory minimum sentence of 5 years in state prison. Child Abuse in the First Degree occurs when the suspect intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ. Child Abuse in the First Degree is a class A felony punishable by up to a life sentence and a mandatory minimum of 15 years in state prison.
Talk to a Wilmington, DE Criminal Defense Attorney Today
Michael W. Modica represents the interests of Wilmington, DE residents who are facing charges of child abuse and more. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.
Source:
dsp.delaware.gov/2024/10/09/school-bus-aide-arrested-for-child-abuse/
