Does anyone know if it is necessary to set forth in the jury charge that a parent has a legal duty to act or is that just assumed? If it is necessary to put that in the charge, where is the legal authority for it? Also, does the jury then have to find that the person alleged is actually the child's parent and how is that best handled? Thanks.

BLeonard responded in a separate thread. Here is his answer, with which I agree:

Yes, you must plead the relationship giving rise to the duty and prove that the relationship exists:

then and there knowingly, by omission, cause (sbi, mental deficiency,impairment or injury) to (injured party), a child younger than 15 years of age, by (acts of omission), at a time when the defendant had assumed care, custody or contol of (injured party) or had a legal duty to act because the defendant was (relationship establishing legal duty to aact)

[This message was edited by BLeonard on 02-08-05 at .]