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Legislation Related to Child Maltreatment
ENDANGERING
WELFARE OF A MINOR
Ark. Code
Ann. 5-27-203 - First degree
(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 purposely 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 shall
be an affirmative defense to prosecution under this section that the parent
voluntarily delivered the child to and left the child with, or voluntarily
arranged for another person to deliver the child to and leave the child with, a
medical provider or law enforcement agency as provided in 9-34-201 et seq.
(2) 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 the child
as described above, and subdivision (c)(1) of this section specifically shall
not constitute a defense to any prosecution arising from an act of abuse or
neglect committed prior to the delivery of the child to a medical provider or
law enforcement agency as provided in 9-34-201 et seq.
Ark. Code
Ann. 5-27-204 - Second degree
(a) A person
commits the offense of endangering the welfare of a minor in the second degree
if he knowingly engages in conduct creating a substantial risk of serious harm
to the physical or mental welfare of one known by the actor to be a minor.
(b) Endangering
the welfare of a minor in the second degree is a Class A misdemeanor.
Ark. Code
Ann. 5-27-221 - Permitting abuse of a child
(a)(1) A person
commits the offense of permitting abuse of a child if, being a parent, guardian,
or person legally charged with the care or custody of a child, he or she
recklessly fails to take action to prevent the abuse of a child who is less than
eleven (11) years old.
(2) It is a
defense to a prosecution for the offense of permitting abuse of a child if the
parent, guardian, or person legally charged with the care or custody of the
child takes immediate steps to end the abuse of the child, including prompt
notification of medical or law enforcement authorities, upon first knowing or
having good reason to know that abuse has occurred.
(3) Permitting
abuse of a child is a Class B felony if the abuse of the child consisted of
sexual intercourse or deviate sexual activity, or caused serious physical injury
or death to the child.
(4) Permitting
abuse of a child is a Class D felony if the abuse of the child consisted of
sexual contact or caused physical injury to the child.
(b)
For the
purposes of this section, "abuse" means any physical injury inflicted on a child
other than by
accidental means
or any act that involves sexual molestation or exploitation.
Return to Legislation
Center for Children at Risk
University of Arkansas for Medical Sciences
Department of Pediatrics
Arkansas Children's Hospital
800 Marshall St.
Little Rock, AR 72202
(501) 364-1013
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