People v. Sargent

Opinion

BROWN, J.

In this case we determine the required mens rea for a conviction of felony child abuse based on direct infliction of unjustifiable physical pain and mental suffering. (Pen. Code,1 § 273a, former subd. (1), now § 273a, subd. (a) (section 273a(1)).)2 The Court of Appeal concluded criminal negligence is required. We disagree, and therefore reverse its judgment.

*1210I. Facts and Procedural Background

Michael Sargent, Jr. (Michael), defendant’s son, was bom on March 24, 1993, three months premature. He weighed two pounds, four ounces, and spent the first three months of his life in the…