A BILL TO BE ENTITLED
AN ACT to create the criminal offense of reckless assault of a child.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑32.5.  Reckless assault of a child.
(a)	Definition. – For purposes of this section, the term "serious bodily injury" means either of the following:
(1)	Serious bodily injury as defined in G.S. 14‑318.4.
(2)	Extreme rotational cranial acceleration and deceleration and one or more of the following:
a.	Subdural hemorrhaging.
b.	Intracranial hemorrhaging.
c.	Retinal hemorrhaging.
(b)	Offense. – A person is guilty of reckless assault of a child if the person is 18 years of age or more and recklessly causes serious bodily injury to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child's head on a hard surface or object.
(c)	Penalty. – Unless the conduct is covered under some other provision of law providing greater punishment, a person who commits reckless assault of a child is guilty of a Class D felony."
SECTION 2.  This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.