Fort Collins Child Abuse Lawyer
Bus Driver Slap for Not Wearing Mask

A school bus driver was charged with Child Abuse after a slap over wearing a mask. Read more about this story here.

In Fort Collins and Larimer County, Child Abuse is charged when a person is accused of causing harm to a child or placing a child in a situation where they could be harmed. Recently, a Colorado school bus driver was charged with this crime along with Assault and Harassment, after a confrontation with one of the children on the bus went south. According to the report, the 10-year-old girl was confronted by the bus driver for not wearing her mask properly – she had it pulled down to her chin. When told to put the mask on correctly, she told him that she didn’t care. His response was to slap her. The incident was caught on camera and the bus driver was not only fired, but also criminally charged.

Larimer County Child Abuse for Slap Attorney: Definition of Child Abuse in Colorado

The Larimer County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:

A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

Usually, like in the case above, physically hitting a child when you are not the parent or in a parental role could result in the criminal charge of Child Abuse.

Sentence for Child Abuse in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Child Abuse can be charged as a felony or misdemeanor depending on the level of injury and intent. The table below outlines the different elements necessary for each charge level:

Child Abuse Crime Classifications and Charges

  • Acting knowingly or recklessly resulting in death to the child
  • Class 2 felony
  • Acting with criminal negligence resulting in death to the child
  • Class 3 felony
  • Acting knowingly or recklessly with serious bodily injury
  • Class 4 felony
  • Acting knowingly or recklessly with an injury other than serious bodily injury
  • Class 1 misdemeanor
  • Acting with criminal negligence with any injury other than serious bodily injury
  • Class 2 misdemeanor
  • Acting knowingly or recklessly with no injury
  • Class 2 misdemeanor
  • Acting with criminal negligence with no injury
  • Class 3 misdemeanor

For the bus driver, it’s likely that the child said that the slap caused pain, which is all that is needed to meet the ‘injury’ element. So, that would mean a class 1 misdemeanor or class 2 misdemeanor depending on what they determine his intent to be: knowingly, recklessly, or with criminal negligence.


If you or someone you love has been charged with Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.

Photo by Mihai Vlasceanu from Pexels