State v. Lucero

OPINION

HERNANDEZ, Judge.

Defendant was indicted for violation of Section 40A-6-1, N.M.S.A.1953 (2d Repl. Vol. 6, 1973 Supp.) which reads in pertinent part as follows:

“A. As used in this section: (1) 'child’ means a person who has not reached his age of maj ority;

“C. Abuse of a child consists of a person knowingly, intentionally or negligently and without justifiable cause, causing or permitting a child to be: * * * (2) tortured, cruelly confined or cruelly punished; * * * Whoever commits abuse of a child is guilty of a fourth degree felony, unless the abuse results in the child’s death or…