Cox v. State

Dean Cox challenges his aggravated child abuse conviction for which he was sentenced to thirty years’ imprisonment. 1 The charged events occurred on July 16, 2004, and involved Cox’s eight-year-old son, B.C., and six-year-old son, C.C. Because Cox’s conduct does not constitute the crime of aggravated child abuse, his conviction is fundamentally erroneous and must be reversed.

On the evening of July 16, 2004, during a two-week visitation with Cox, B.C. and C.C. made a phone call to their mother, Bonnie Patterson. Mrs. Patterson, who had a domestic violence injunction against Cox, refused to…