Site icon JONATHAN TURLEY

Father Charged in Sunburn Case

In Berea, Kentucky, Bobby Jones, 27, faces first degree child criminal abuse charges for leaving his son out in the sun for 90 minutes — enough for the boy to receive serious sunburn due to the lack of sunscreen. It is only the latest in such sunburn cases and raises a question about the criminalization of such negligence.

These are tough questions, particularly in this case where the 2-year-old boy suffered second and third degree burns. However, an alternative response to such parental negligence (absent a knowing or intentional act of abuse) would be suspension or loss of custody. There is the added remedy of a tort action for negligence.

This boy’s burns makes me both sick and angry. However, as discussed here, there is a steady criminalization of negligence in this country that a worrisome trend. We need to know more about what Jones was doing at the time, but question is whether being a poor father is the same as being a felon.

For the Kentucky story, click here and here.

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