Indiana Code - Criminal Law and Procedure - Title 35, Section 35-46-1-4

Neglect of a dependent; child selling

Sec. 4. (a) A person having the care of a dependent, whether
assumed voluntarily or because of a legal obligation, who knowingly
or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in bodily injury;
(2) a Class B felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) by a person at least eighteen (18) years of age
and results in the death of a dependent who is less than fourteen
(14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2)
and consists of cruel or unusual confinement or abandonment.
(c) It is a defense to a prosecution based on an alleged act under
this section that:
(1) the accused person left a dependent child who was, at the
time the alleged act occurred, not more than thirty (30) days of
age with an emergency medical provider who took custody of
the child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of his religious
belief, provided treatment by spiritual means through prayer, in
lieu of medical care, to his dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or
IC 31-1-11.5 or IC 31-6-5 before their repeal); or
(2) under IC 35-46-1-9(b);
a person who transfers or receives any property in consideration for
the termination of the care, custody, or control of a person's
dependent child commits child selling, a Class D felony.

As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977,
P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980, P.L.208,
SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301, SEC.3;
P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000, SEC.10;
P.L.46-2004, SEC.1.

Last modified: May 24, 2006