Commonwealth v. Ogin - 373 Pa. Super. 116, 540 A.2d 549 (1988)

Rule:

Section 2701 of the Crimes Code provides that a person is guilty of assault if he attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another. In addition, Section 4304 is a comprehensive provision designed to penalize those who knowingly breach a legal duty to protect the well-being of children who are entrusted to their care.

Facts:

Defendants, the minor child's parents, were charged with and convicted of simple assault and endangering the welfare of children pursuant to 18 Pa. Cons. Stat. Ann. based on their use of excessive force against their baby daughter. They flung her, struck her, and burned her in the manner graphically described by the witnesses. Defendants challenged the convictions, and the court affirmed.

Issue:

Were the defendants guilty of simple assault and endangering the welfare of children?

Answer:

Yes.

Conclusion:

All of the statutory elements for both crimes. As to simple assault, the existence of substantial pain may be inferred from the circumstances surrounding the use of physical force even in the absence of a significant injury. As to endangering the welfare of children, the defendants’ acts were so contrary to the common sense of the community as to rise to the level of criminal liability. Their conduct was not authorized as a justifiable force.