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Arkansas Children's Hospital

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.

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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