. The criminal charge is a felony and can be brought against a defendant under the following circumstances:
- The alleged victim suffers more than one bruise to his or her body, or sustains bodily harm to the neck, eyes, or head, and is younger than four years of age.
- There is a demonstrated pattern of child abuse and the assaulted party is a minor.
- Substantial bodily harm occurs because of the alleged assault.
Substantial bodily harm is significant, as the term implies, and may include the following:
- Fractures
- Non-permanent, deleterious impact on organ function
- Bodily member suffering temporary impairment or loss of function
- Significant, temporary disfigurement