Dominick's Law Has the Toughest Penalties for Child Abuse and Abusers

Share Article

Dolores M. Miller is a supporter of the toughest laws ever passed for those who abuse children. Pennsylvania law may soon follow the lead of Michigan for toughest penalties for crimes against children.

Dolores M. Miller Poet & Author Beautiful Warrior wrtings

Dolores M. Miller

There are children
who go through abuse
every day.
Some children die.

Crying
will not bring change,
standing up
with my courage
and resources
to do my part
all I can…
to make a change
for a better world.

Dolores M. Miller, Poet and Author of the Beautiful Warrior writings is a survivor of child abuse. Ms. Miller is sharing her experience with the legislators of Pennsylvania. The trauma of child abuse can last a lifetime. In some cases of physical abuse the child leads to the death of the child.

Dominick's Law is a law proposed by Dominick's grandfather, Mr. Rick Calhoun. Mr. Calhoun and other supporters are demanding mandatory reporting laws on child abuse and stiffer penalties for child abusers.

This law is named after Dominick Calhoun a 4 year old boy who brutally and grossly tortured over the course of three day's before coming to his death as a result of the abuse, torture and injuries.

In June 2012 "Dominick's Law " was unanimously passed in the House and In the Senate in the state of Michigan, and was signed into Law by Gov. Rick Snyder. Ms. Miller is taking on the challenge and working to have the law passed in PA.

The goal is to have the law passed across the nation. The law proposes penalties for witnesses, and bystanders with additional penalties if the abuse occurs in the presence of another child. The Michigan law is as follows:

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.

The People of the State of Michigan enact:
Sec. 136b. (1) As used in this section:
(a) “Child” means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.
(b) “Cruel” means brutal, inhuman, sadistic, or that which torments.
(c) “Omission” means a willful failure to provide food, clothing, or shelter necessary for a child’s welfare or willful abandonment of a child.
(d) “Person” means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.
(e) “Physical harm” means any injury to a child’s physical condition.
(f) “Serious physical harm” means any physical injury to a child that seriously impairs the child’s health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.
(g) “Serious mental harm” means an injury to a child’s mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious
physical or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.

(3) A person is guilty of child abuse in the second degree if any of the following apply:
(a) The person’s omission causes serious physical harm or serious mental harm to a child or if the person’s reckless act causes serious physical harm or serious mental harm to a child.
(b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.
(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.

(4) Child abuse in the second degree is a felony punishable by imprisonment as follows:
(a) For a first offense, not more than 10 years.
(b) For a second or subsequent offense, not more than 20 years.

(5) A person is guilty of child abuse in the third degree if any of the following apply:
(a) The person knowingly or intentionally causes physical harm to a child.
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.

(6) Child abuse in the third degree is a felony punishable by imprisonment for not more than 2 years.

(7) A person is guilty of child abuse in the fourth degree if any of the following apply:
(a) The person’s omission or reckless act causes physical harm to a child.
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.

(8) Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year.

(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.

(10) It is an affirmative defense to a prosecution under this section that the defendant’s conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, “domestic violence” means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

Sec. 136d. (1) A person who violates section 136b in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:
(a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.
(b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.
(c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.
(d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.

(2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.

Enacting section 1. This amendatory act shall be known and may be cited as “Dominick’s Law”.

Enacting section 2. This amendatory act takes effect July 1, 2012.

Dolores M. Miller is taking on the challenge! Dolores is advocating for the same laws to be passed in Pennsylvania. Working with the legislators in Pennsylvania, Dolores is the voice for those with no voice and will continue to fight for justice where there has been none.

Ms. Miller is back on the road and making sure her voice is heard. When not interacting with legislators, Ms. Miller is presenting healing workshops and lectures for survivors. Ms. Miller provides compassion and hope for those who need it most.

“If the Dominick's law was in effect when I was a child sixty years ago, I would not have been abused even after adults knew of the abuse, Dominck Calhourn and countless others would still be alive. We must do what we can to protect the children!” – Dolores M. Miller

Ms. Miller will be speaking at the South Florida Support Group Meeting for CSA - SNAP & Together We Heal at Broward Health Imperial Point in Early September. You are urged to join the informative and healing session. Additional presentations will be available in August in New Jersey and Pennsylvania in September 2013. While spreading the words of hope and healing, Ms. Miller will provide information on the laws and the reasons why it is so important to strengthen the laws now.

"Dolores is an inspiring poet with a message of hope and healing - please take a moment to go to her website and consider some of her writings. Maybe someone in your life has suffered from the trauma of childhood sexual abuse; or maybe someone you know is simply in need of a positive outlook on a negative life experience of another kind. No matter how bleak things may appear, as humans we have the fascinating ability to choose whether or not we believe in hope or remain in the vacuum of hurt. You will find the words of Dolores can help restore your hope." – David Pittman.

“I strive to reach out to all people, to inspire and provide health and spirituality… my healing words can touch deep inside to the fibers of the soul. If you keep believing – even in the most difficult of times, you will rise above." – Dolores M. Miller

Dolores M. Miller, Poet and Author of the Beautiful Warrior writings, is a proud supporter or organizations protecting our nation’s children. As a survivor of child abuse, Dolores provides hope, courage and healing to the readers of her works. Dolores would like to offer more healing words and inspiration. “I believe in your compassion”, please visit http://www.beautifulwarrior.com to purchase the Beautiful Warrior books and please be sure to like DoloresMMiller on Facebook for daily inspirational messages. View the Facebook page for Dolores M. Miller for more details regarding additional speaking engagements for 2013.

Contact: Dolores Miller
Beautiful Warrior
http://www.beautifulwarrior.com
Email: Doloresmiller(at)aol(dot)com

To speak with Ms. Miller directly, please make contact through http://www.facebook.com/doloresmmiller

Share article on social media or email:

View article via:

Pdf Print

Contact Author

DOLORES MILLER

Dolores M. Miller
Follow us on
Visit website