It is enacted by the General Assembly as follows:

SECTION 1. Section 5.3 of Chapter 11-9 if hereby repealed in its entirety and substituted therefore is the following section:

{ADD 11-9-5.3 Child abuse. -- ADD} {ADD Whenever a person having care of a child, as defined by 40-11-2(2) whether assumed voluntarily or because of a legal obligation, including any instance where a child has been placed by his or her parents, caretaker, or licensed or governmental child placement agency for care or treatment, knowingly or intentionally:

(1) inflicts upon a child serious bodily injury shall be guilty of first degree child abuse.

(2) inflicts upon a child any other serious physical injury shall be guilty of second degree child abuse.

For the purposes of this section, serious bodily injury shall mean physical injury that (1) creates a substantial risk of death or (2) causes protracted loss or impairment of the function of any bodily parts, member or organ, including any fractures of any bones, or (3) causes serious disfigurement. For the purpose of this section, serious physical injury shall be defined as any injury, other than a serious bodily injury, which arises other than from the imposition of nonexcessive corporal punishment.

Any person who commits first degree child abuse shall be imprisoned for not more than twenty (20) years, nor less than ten (10) years or fined not more than ten thousand ($10,000) dollars or both. Any person who is convicted of second degree child abuse shall be imprisoned for not more than ten (10) years, nor less than five years or fined not more than five thousand ($5,000) dollars or both. ADD}

SECTION 2. This act shall take effect upon passage.