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The Tennessee Conservative [By Adelia Kirchner] –
State Representative Jake McCalmon (R-Franklin-District 63) is sponsoring a new bill with hopes of cutting down on child abuse cases within the State of Tennessee.
3,962 first-time child abuse victims were reported in Tennessee for the year 2021 according to State of the Child’s most recent report.
While this was the fourth lowest number in the country, once the report factored in recurring child abuse victims, Tennessee was 15th for having the most abuse victims in the country.
Indicating that “the state experiences higher instances of recurring abuse than others,” the report stated.
House Bill 0045 (HB0045) as introduced, amends Tennessee Code Annotated Title 36, Title 37, Title 39 and Title 40 by increasing the penalty for intentional child abuse and infliction of injury from a Class A misdemeanor to a Class E felony.
According to the bill summary, this legislation would apply to a person “who commits child abuse by knowingly treating a child between the ages of nine and 17 in such a manner as to inflict injury.”
Currently, state law dictates that abusing a child “in such a manner to inflict injury” is only a felony if the child is 8 years old or younger. It is a misdemeanor if the child is 9 years old or older.
“To me, there’s not much difference between an 8-year-old and a 9-year-old,” said Rep. McCalmon, “so it should at least be a Class E felony.”
The legislation was filed on Dec. 19th, 2024, and if passed by the General Assembly it would take effect on July 1st, 2025, “the public welfare requiring it.”
Additionally, this increase in penalty would not be retroactive, only applying to offenses committed on or after the date it takes effect.
“If you hurt kids, we should throw the book at you,” Rep. McCalmon said.
The bill sponsor told News 2 that he drafted the bill after discovering that “grand theft,” stealing $500 or more in property, carries a higher charge in Tennessee than abusing and injuring a child between the age of 9 and 17 years old.
“I use the example of, say if I go and steal a Louis Vuitton purse for my wife. That’s a Class E felony. I could do up to five years in prison,” he explained. “But if somebody decides to beat a kid to the point where they’re hospitalized, that’s a Class A misdemeanor.”
“I say we value kids more than we value things in Tennessee, so it should at least be a Class E felony if you’re going to put a 9 to 17-year-old in the hospital,” Rep. McCalmon continued.
Rep. McCalmon is confident that this bill will be able to pass this legislative session, as long as it receives funding.
“It’s proof that not everything we deal with in the general assembly is a partisan issue,” he noted. “This is not a partisan issue. Whether you are a Republican or Democrat, every one of us wants to protect kids.”
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. You can reach Adelia at adelia@tennesseeconservativenews.com.
