UPDATE: Prosecutors announced on Wednesday, Sept. 24, that they will not pursue the death penalty against Justin Ross Harris.
Here is a breakdown of the charges that Harris faces and the possible penalties.
Malice murder: Defined as "unlawful killing with malice aforethought," meaning "deliberate intention to take another's life."
- Level of proof required: Prosecutors must prove that Harris acted with deliberate intention to kill Cooper. In order to secure a death penalty, prosecutors must show that "aggravating circumstances" were present—in other words, evidence of child cruelty or torture.
- Possible penalty: A life sentence would be mandatory for a conviction, and a death sentence is possible.
Felony murder: Refers to a death that happens, perhaps unintentionally, during the commission of another felony.
- Level of proof required: A jury must only determine that Harris acted with criminal negligence rather than with intent to harm.
- Possible penalty: Carries a mandatory life sentence.
First degree child cruelty: Defined as willfully depriving a child "of necessary sustenance to the extent that the child's health or well-being is jeopardized" or causing "excessive physical or mental pain."
- Level of proof required: Prosecutors must prove there was malice involved.
- Possible penalty: Between 5-20 years imprisonment.
Second degree child cruelty: Defined as causing a child "cruel or excessive physical or mental pain" through criminal negligence.
- Level of proof required: Prosecutors must only prove that there was criminal negligence (not necessarily malice).
- Possible penalty: Between one and ten years imprisonment.
Criminal attempt to commit a felony, to wit: Sexual Exploitation of Children: Sexual exploitation of children is defined several ways, including "knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct."
- Possible penalty: Between 5-20 years imprisonment and a fine of up to $100,000.
Dissemination of Harmful Material to Minors: Harris faces two counts here—one for knowingly selling or loaning offending images and one for offending language. The offending images are defined as "any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors." The offending language is defined as "any book, pamphlet, magazine, printed matter however reproduced, or sound recording" which contains verbal descriptions or narrative accounts of the same.
- Possible penalty: A civil fine of between $250-$500 for each violation.
SOURCES: Justia.com, Supreme Court of Georgia Committee on Justice for Children
