District of Columbia Court of Appeals

Otis M. Jones, Appellant v. United States, Appellee

December 31, 20022002 D.C. App. LEXIS 735

Summary

The court affirmed Jones's convictions for first- and second-degree cruelty to children. It held that the current cruelty statute requires proof that the defendant acted intentionally, knowingly, or recklessly, not maliciously, and that the jury instruction accurately stated that requirement. It also held that the child's statements to the treating physician about the cause of his injuries were admissible under the medical diagnosis and treatment exception to hearsay.

Holding

  • Whether malice is an element of first- or second-degree cruelty to children under the current statute.. Malice is not an element of either degree of cruelty to children under the current statute; the government need prove only that the defendant acted intentionally, knowingly, or recklessly.
  • Whether malice is required to defeat the parental-discipline defense.. The government is not required to prove malice in order to rebut a defendant's parental-discipline defense to a cruelty-to-children charge.
  • Whether the child's statements to the treating physician were admissible under the medical diagnosis and treatment exception to hearsay.. The statements were admissible because they were made while the child was receiving medical treatment and explained the cause of his injuries in a manner relevant to diagnosis and treatment.

Docket 00-CF-1109

Cited authorities

  • D.C. Code § 22-901
  • D.C. Code § 22-1101
  • D.C. Code § 22-1101
  • D.C. Code § 22-1101
  • D.C. Code § 22-1101
  • D.C. Code § 22-1101
  • D.C. Code § 22-901
  • D.C. Code § 22-1101

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