Legislation introduced in response to child’s death

State Rep. Ryan Warner wants to establish child torture as a felony offense.

In response to the death of 9-year-old Renesmay Eutsey in Fayette County, state Rep. Ryan Warner, R-Perryopolis, is pushing for legislation that would establish the offense of child torture in Pennsylvania.

Renesmay was reported missing on Wednesday and was found dead the next morning in the Youghiogheny River. Fayette County District Attorney Mike Aubele announced Friday that Renesmay’s custodial guardian, Sarah Ann Shipley, was charged with conspiracy to commit criminal homicide, criminal homicide, aggravated assault, abuse of corpse, tamper with/fabricate physical evidence, endangering the welfare of children and conspiracy – endangering the welfare of children.

Homicide charges were also filed against Kourtney Eutsey in connection with Renesmay’s death. According to officials, Eutsey was a livein caretaker in a relationship with Shipley.

“No punishment is too harsh for people who treat precious children as if they aren’t even human beings,” Warner said. “Many children don’t survive such treatment, and those who do are left with physical and emotional scars from which they may never fully recover.

“Sometimes, the horror these children experience goes beyond abuse. It’s time we recognize some of these crimes truly do rise to the level of torture and give our law enforcement officers and the judicial system the tools they need to ensure the punishment fits the crime.”

Warner explains that under House Bill 1837, the offense of child torture would be invoked when a person intentionally, knowingly or recklessly tortures a child under the age of 18 who is within their custody or control.

Anyone convicted under this offense commits a third-degree felony if the victim does not suffer bodily injury, which is punishable by up to seven years imprisonment and a fine of up to $15,000. If the victim suffers bodily injury, the offense is a first-degree felony, punishable by up to 20 years’ imprisonment and a fine of up to $25,000.

“Torture is defined as a course of conduct that in- cludes at least one of a detailed list of common acts present in torture cases,” Warner said in a statement, “such as physically or sexually abusing a child, restraining or confining the child in an unreasonable manner, restricting basic and necessary bodily functions, starving the child or terrorizing the child for the purposes of causing significant emotional distress.”

Warner, who also introduced the legislation in the previous General Assembly session, added that Pennsylvania is one of about a dozen states without a child torture statute.

Aubele commended Warner for introducing the legislation.

“The despicable actions against children in Fayette County recently have again brought light to a glaring weakness in our criminal statutes, specifically the lack of a law targeting child torture,” he said. “I commend Rep. Warner for reintroducing House Bill 1837, and for working to provide law enforcement the tools necessary to prosecute heinous crimes against our children.”