§ 11-9-5.4. Child endangerment.
(a) When used in this section, the following words and phrases are construed as follows:
(1) “Child” means any person under eighteen (18) years of age.
(2) “Serious bodily injury” shall have the same definition as contained in § 11-5-2(c).
(3) “Sexual abuse” means any sexual contact or penetration prohibited by chapter 37 of this title.
(b) A person is guilty of endangering the welfare of a child when being a parent, guardian, or any other person who has custody or control of a child, the person:
(1) Wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury to the child or sexual abuse of the child; or
(2) Wantonly or recklessly fails to take reasonable steps to alleviate such risk to the child where there is a duty to act.
(c) For purposes of this section, such wanton and reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that their acts, or omissions where there is a duty to act, would result in a substantial risk of serious bodily injury to the child or sexual abuse of the child for whom they have custody or control. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
(d) Any person who shall violate this section shall be guilty of a felony, and for the first offense, be imprisoned up to three (3) years or be fined not exceeding one thousand dollars ($1,000), or both.
(e) Any person who has been previously convicted of child endangerment under this section and thereafter commits child endangerment shall be imprisoned up to ten (10) years or be fined not exceeding five thousand dollars ($5,000), or both.
History of Section.
P.L. 2022, ch. 161, § 1, effective June 27, 2022; P.L. 2022, ch. 162, § 1, effective
June 27, 2022.