(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or
(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.
(b) Endangering the welfare of a minor in the first degree is a Class D felony.
(c) (1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency as provided in § 9-34-201 et seq.
(2) (A) Nothing in subdivision (c)(1) of this section shall be construed to create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.
(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency as provided in § 9-34-201 et seq.
Section: Previous 5-27-202 5-27-203 5-27-205 5-27-206 5-27-207 5-27-209 5-27-210 5-27-211 5-27-220 5-27-221 5-27-222 5-27-227 5-27-229 5-27-230 NextLast modified: November 15, 2016