President Obama signs into law the Kilah Davenport Child Protection Act of 2013

Source: U.S. Congressman Robert Pittenger (NC-09)

Yesterday President Barack Obama signed into law the Kilah Davenport Child Protection Act of 2013. The law is named for Kilah Davenport, a four-year-old girl whose stepfather physically assaulted her in 2012 and caused damage to 90 percent of her brain. She died just last month as a result of these injuries.

Report on State Child Abuse Laws

This new law requires the U.S. Attorney General to submit a report by the end of this year to the judiciary committees of the House of Representatives and Senate on penalties for violations of child abuse laws within each state and U.S. territory as well as the District of Columbia. The report must also include whether states, territories, or the District of Columbia have enhanced penalties for when the victim of child abuse has suffered serious physical, mental, or emotional injury/impairment. This report must be submitted every three years.

Minimum Sentencing in Domestic Assault

Additionally, the new law amends section 117 of title 18 of the U.S. Code, which mandates increased criminal penalties for domestic assault by an habitual offender; in this case, “habitual offender” means a person who has final convictions on at least two separate prior occasions for assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or an offense under federal domestic violence and stalking laws (Chapter 110A).

With the new law, children of the offender as well as children under the care of the offender will be included after “spouse or intimate partner,” thereby mandating increased criminal penalties for situations involving habitual offenders in instances of abuse of children as well as spouses/intimate partners.

This is important because under the previous law, prior convictions of domestic assault against a spouse/intimate partner may not have been taken into consideration in each state for minimum sentencing involving serious physical or sexual abuse of a child. This new law increases minimum sentencing in these situations.