Chapter 162 |
2022 -- H 7807 Enacted 06/27/2022 |
A N A C T |
RELATING TO CRIMINAL OFFENSES -- CHILDREN |
Introduced By: Representatives McEntee, Craven, Caldwell, and Carson |
Date Introduced: March 03, 2022 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by |
adding thereto the following section: |
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 ยง 11-5-2(c). |
(3) "Sexual abuse" means any sexual contact or penetration prohibited by chapter 37 of |
title 11 of the general laws 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 which 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. |
SECTION 2. This act shall take effect upon passage. |
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LC005022 |
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