A defendant accused of child abuse causing death may only be convicted of one charge: child abuse or murder, but not both.
However, if the defendant commits more than one act of child abuse and the child dies, then that person may be charged and convicted of both murder and child abuse. This is because part of the abuse was unrelated to the abuse that caused the child’s death.
Under Nevada law, child emotional abuse is behavior that injures a child’s intellectual, psychological, or emotional capacity to the point of impairing normal range of performance.
Emotional abuse may include repeatedly telling a child that he or she is worthless, brainwashing or radicalizing a child with destructive or violent beliefs, or prohibiting a child from going to school, learning, or playing.
Emotional or mental abuse can cause intellectual, psychological, and emotional deficiencies in a child that hinder the development of academic and social skills.
To prove emotional abuse, prosecutors use psychological evaluations, medical experts, and witnesses of the child’s behavior.