§709-903.5  Endangering the welfare of a minor in the first degree.  (1)  Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person:

    (a)   Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor; or

    (b)   Intentionally or knowingly causes or permits the minor to ingest methamphetamine.

     (2)  It shall be a defense to prosecution under sections 709-903.5(1) and 709-904(1) if, at the time the person allowed another to inflict serious or substantial bodily injury on a minor, the person reasonably believed the person would incur serious or substantial bodily injury in acting to prevent the infliction of serious or substantial bodily injury on the minor.

     (3)  Endangering the welfare of a minor in the first degree is a class C felony. [L 1986, c 314, §70; am L 2006, c 249, §1]

 

Revision Note

 

  In subsection (2), "709-904(1)" substituted for "709-704(1)".

 

COMMENTARY ON §709-903.5

 

  Act 314, Session Laws 1986, provided that a person is criminally liable for intentionally or knowingly allowing another person to inflict serious or substantial bodily harm on a minor.  Persons charged with this offense may defend on the ground that they reasonably believed they would incur serious or substantial bodily injury by acting to prevent the harm to the minor.  Conference Committee Report No. 51-86.

  Act 249, Session Laws 2006, expanded the crime of endangering the welfare of a minor in the first degree to include causing or permitting a minor to ingest methamphetamine.  Conference Committee Report No. 84-06.