Section 16-3-85 - Homicide by child abuse; definitions; penalty; sentencing(A) A person is guilty of homicide by child abuse if the person:(1) causes the death of a child under the age of eleven while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life; or(2) knowingly aids and abets another person to commit child abuse or neglect, and the child abuse or neglect results in the death of a child under the age of eleven.(B) For purposes of this section, the following definitions apply:(1) "child abuse or neglect" means an act or omission by any person which causes harm to the child's physical health or welfare;(2) "harm" to a child's health or welfare occurs when a person: (a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or(c) abandons the child resulting in the child's death.(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse: (1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.(D) In sentencing a person under this section, the judge must consider any aggravating circumstances including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance.2000 Act No. 261, Section 1; 1992 Act No. 412, Section 1.