"My argument is that when someone does something life-threatening to a young, helpless child, the perpetrator is at least aware of the substantial likelihood of causing a serious physical injury to the child," he said. "If death results, our law holds them accountable at the same level as if they had intended to kill."

Parrish continues, "If someone actually premeditates the death of a child and then kills the child, that is aggravated murder and could be punished by the death penalty."

Prosecutors don't necessarily have to prove intent to get a murder conviction. Showing the defendant was aware his or her actions toward a helpless infant or toddler were reasonably certain to cause death is enough, Parrish said.

Parrish points to a recent Salt Lake County case in which Adam Sean Jeppson was charged with second-degree felony, child-abuse homicide in the death of 4-year-old Carston Williams. The boy died from severe head, neck and back injuries.

"When a toddler is beaten like that, there's no way that the perpetrator could have failed to be aware of a substantial risk of serious physical injury," Parrish said. "And if death results, that's murder."

Coming Monday: A little boy's life becomes a landmark legal case

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Contributing: Zack Van Eyck

E-mail: romboy@desnews.com; lucy@desnews.com