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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