CRAIG WILLIAMS v. STATE OF MARYLAND
Court of Appeals of Maryland, Greene, January 18, 2019,
Child Abuse– “Serious physical injury” requires that loss or impairment of a member or organ of the body be “permanent or protracted.”

Dissent – Watts and Getty – Defense counsel should be responsible for not objecting to the incorrect instruction. Also, error was harmless.

Facts:
Craig Williams took custody of his son, I.W., after his mother sexually abused him.
While in Williams’ custody, I.W. sexually abused other children in the home and would hide feces throughout the house.
In an attempt to stop I.W. from hurting himself and the other children, Williams wrapped I.W. in plastic at night. The next night, Williams wrapped I.W. in plastic wrap from his shoulder to the knee and secured I.W.’s hands with zip ties. The following morning I.W.’s wrists were chaffed and by the evening, I.W. had puffy wrists, was drooling, and was not talking.
Williams took I.W. to the hospital, where he was diagnosed with compartment syndrome and surgery was performed on his wrists.
Williams was subsequently charged with 1st-degree child abuse.
At trial, the judge used a pattern jury instruction that explained severe physical injury as injury that “(a) causes a substantial risk of death, (b) permanent or protracted serious disfigurement, or (c) causes loss or impairment of a member or organ of the body or its ability to function properly.”
Williams was convicted, but then filed a motion for new trial because he later discovered that the jury instruction he recommended the court use was improper.
When this was denied, Williams appealed, arguing that the jury instruction was wrong and therefore entitled him to a new trial.

Held: The Court held that because the pattern jury instruction improperly instructed the jury, the defendant was entitled to a new trial. The error was not harmless.

Child Abuse – Three categories of individuals may be liable for child abuse:
– Family Members
– Household Members
– Anyone with permanent or temporary care, custody, or responsibility to supervise a minor

Child Abuse– Child abuse is 1st degree if it results in death or “severe physical injury.”

1st Degree Child Abuse- Severe Physical Injury is defined for child abuse as:
– brain injury or bleeding within the skull
– starvation
– physical injury that creates a substantial risk of death
– or physical injury that causes permanent or protracted serious:
* disfigurement
* loss of the function of any bodily member or organ; or
* impairment of the function of any bodily member or organ