2. Key Takeaway
Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the type of abuse they are reporting when making a report of suspected child abuse.
The term “child abuse” shall mean intentionally, knowingly, or recklessly doing any of the following:
- Causing bodily injury to a child through any recent act or failure to act.
- Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
- Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
- Causing sexual abuse or exploitation of a child through any act or failure to act.
- Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
- Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
- Causing serious physical neglect of a child.
- Engaging in any of the following recent “per se” acts.
- Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child.
- Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.
- Forcefully shaking a child under one year of age.
- Forcefully slapping or otherwise striking a child under one year of age.
- Interfering with the breathing of a child.
- Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.
- Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known:
- Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed.
- Has been required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.
- Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions).
- Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).
- Causing the death of the child through any act or failure to act.
- Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000.
Note: The new definition of child abuse applies to schools, school employees, and students, whereas before only allegations of serious bodily injury, sexual abuse, or sexual exploitation were considered. Also, before December 31, 2014, allegations of abuse of students by school employees followed a separate reporting and investigation process. Now all distinctions have been removed and reports go directly to ChildLine.
5.1 Sexual Abuse or Exploitation
Sexual abuse or exploitation is any of the following:
- The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following:
- Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.
- Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.
- Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
- Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.
This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age.
- Any of the following offenses committed against a child:
- Rape as defined in 18 Pa.C.S. § 3121.
- Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1.
- Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123.
- Sexual assault as defined in 18 Pa.C.S. § 3124.1.
- Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2.
- Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.
- Indecent assault as defined in 18 Pa.C.S. § 3126.
- Indecent exposure as defined in 18 Pa.C.S. § 3127.
- Incest as defined in 18 Pa.C.S. § 4302.
- Prostitution as defined in 18 Pa.C.S. § 5902.
- Sexual abuse as defined in 18 Pa.C.S. § 6312.
- Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318.
- Sexual exploitation as defined in 18 Pa.C.S. § 6320.
5.2 Serious Mental Injury
Serious mental injury is psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:
- renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened; or
- seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.
5.3 Serious Physical Neglect
Serious physical neglect is any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child's health, development or functioning:
- A repeated, prolonged, or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities.
- The failure to provide a child with adequate essentials of life, including food, shelter, or medical care.