Unless there are other circumstances we are not yet aware of, the babysitter didn't do anything that millions of moms don't do every day.
The five year old though.... lord, that's a heartbreaker. I don't know how a 5yo could know what she was doing in such a case, really... but then again she had to have known it was a bad thing. I'm pretty sure she needs a shrink and not simply a jail sentence.... hell is there any Juvenile Detention center in the country set up to handle FIVE year olds???