(1) (a) A person commits child abuse if
such person causes an injury to a child's life or health, or permits a child to be
unreasonably placed in a situation that poses a threat of injury to the child's life or
health, or engages in a continued pattern of conduct that results in
malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an
accumulation of injuries that ultimately results in the death of a child or serious
bodily injury to a child.
(b) (I) Except as otherwise provided in subparagraph (III) of this paragraph
(b), a person commits child abuse if such person excises or infibulates, in whole or
in part, the labia majora, labia minora, vulva, or clitoris of a female child. A parent,
guardian, or other person legally responsible for a female child or charged with the
care or custody of a female child commits child abuse if he or she allows the
excision or infibulation, in whole or in part, of such child's labia majora, labia minora,
vulva, or clitoris.
(II) Belief that the conduct described in subparagraph (I) of this paragraph (b)
is required as a matter of custom, ritual, or standard practice or consent to the
conduct by the child on whom it is performed or by the child's parent or legal
guardian shall not be an affirmative defense to a charge of child abuse under this
paragraph (b).
(III) A surgical procedure as described in subsection (1)(b)(I) of this section is
not a crime if the procedure:
(A) Is necessary to preserve the health of the child on whom it is performed
and is performed by a person licensed to practice medicine under article 240 of
title 12; or
(B) Is performed on a child who is in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a person
licensed to practice medicine under article 240 of title 12.
(IV) If the district attorney having jurisdiction over a case arising under this
paragraph (b) has a reasonable belief that any person arrested or charged pursuant
to this paragraph (b) is not a citizen or national of the United States, the district
attorney shall report such information to the immigration and naturalization service,
or any successor agency, in an expeditious manner.
(c) (I) A person commits child abuse if, in the presence of a child, or on the
premises where a child is found, or where a child resides, or in a vehicle containing a
child, the person knowingly engages in the manufacture or attempted manufacture
of a controlled substance, as defined by section 18-18-102 (5), or knowingly
possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts,
isomers, or salts of isomers, with the intent to use the product as an immediate
precursor in the manufacture of a controlled substance. It shall be no defense to
the crime of child abuse, as described in this subparagraph (I), that the defendant
did not know a child was present, a child could be found, a child resided on the
premises, or that a vehicle contained a child.
(II) A parent or lawful guardian of a child or a person having the care or
custody of a child who knowingly allows the child to be present at or reside at a
premises or to be in a vehicle where the parent, guardian, or person having care or
custody of the child knows or reasonably should know another person is engaged in
the manufacture or attempted manufacture of methamphetamine commits child
abuse.
(III) A parent or lawful guardian of a child or a person having the care or
custody of a child who knowingly allows the child to be present at or reside at a
premises or to be in a vehicle where the parent, guardian, or person having care or
custody of the child knows or reasonably should know another person possesses
ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, with the intent to use the product as an immediate precursor in the
manufacture of methamphetamine commits child abuse.
(2) In this section, child means a person under the age of sixteen years.
(3) The statutory privilege between patient and physician and between
husband and wife shall not be available for excluding or refusing testimony in any
prosecution for a violation of this section.
(4) No person, other than the perpetrator, complicitor, coconspirator, or
accessory, who reports an instance of child abuse to law enforcement officials shall
be subjected to criminal or civil liability for any consequence of making such report
unless he knows at the time of making it that it is untrue.
(5) Deferred prosecution is authorized for a first offense under this section
unless the provisions of subsection (7.5) of this section or section 18-6-401.2 apply.
(6) Repealed.
(7) (a) Where death or injury results, the following shall apply:
(I) When a person acts knowingly or recklessly and the child abuse results in
death to the child, it is a class 2 felony except as provided in paragraph (c) of this
subsection (7).
(II) When a person acts with criminal negligence and the child abuse results
in death to the child, it is a class 3 felony.
(III) When a person acts knowingly or recklessly and the child abuse results
in serious bodily injury to the child, it is a class 3 felony.
(IV) When a person acts with criminal negligence and the child abuse results
in serious bodily injury to the child, it is a class 4 felony.
(V) When a person acts knowingly or recklessly and the child abuse results
in any injury other than serious bodily injury, it is a class 1 misdemeanor; except
that, if it is committed under the circumstances described in paragraph (e) of this
subsection (7), then it is a class 5 felony.
(VI) When a person acts with criminal negligence and the child abuse results
in any injury other than serious bodily injury to the child, it is a class 2 misdemeanor;
except that, if it is committed under the circumstances described in paragraph (e)
of this subsection (7), then it is a class 5 felony.
(b) Where no death or injury results, the following shall apply:
(I) An act of child abuse when a person acts knowingly or recklessly is a
class 2 misdemeanor; except that, if it is committed under the circumstances
described in paragraph (e) of this subsection (7), then it is a class 5 felony.
(II) An act of child abuse when a person acts with criminal negligence is a
class 2 misdemeanor; except that, if it is committed under the circumstances
described in subsection (7)(e) of this section, then it is a class 5 felony.
(c) When a person knowingly causes the death of a child who has not yet
attained twelve years of age and the person committing the offense is one in a
position of trust with respect to the child, such person commits the crime of murder
in the first degree as described in section 18-3-102 (1)(f).
(d) When a person commits child abuse as described in paragraph (c) of
subsection (1) of this section, it is a class 3 felony.
(e) A person who has previously been convicted of a violation of this section
or of an offense in any other state, the United States, or any territory subject to the
jurisdiction of the United States that would constitute child abuse if committed in
this state and who commits child abuse as provided in subparagraph (V) or (VI) of
paragraph (a) of this subsection (7) or as provided in subparagraph (I) or (II) of
paragraph (b) of this subsection (7) commits a class 5 felony if the trier of fact finds
that the new offense involved any of the following acts:
(I) The defendant, who was in a position of trust, as described in section 18-3-401 (3.5), in relation to the child, participated in a continued pattern of conduct that
resulted in the child's malnourishment or failed to ensure the child's access to
proper medical care;
(II) The defendant participated in a continued pattern of cruel punishment or
unreasonable isolation or confinement of the child;
(III) The defendant made repeated threats of harm or death to the child or to
a significant person in the child's life, which threats were made in the presence of
the child;
(IV) The defendant committed a continued pattern of acts of domestic
violence, as that term is defined in section 18-6-800.3, in the presence of the child;
or
(V) The defendant participated in a continued pattern of extreme deprivation
of hygienic or sanitary conditions in the child's daily living environment.
(7.3) Felony child abuse is an extraordinary risk crime that is subject to the
modified presumptive sentencing range specified in section 18-1.3-401 (10).
Misdemeanor child abuse is an extraordinary risk crime that is subject to the
modified sentencing range specified in section 18-1.3-501 (3).
(7.5) If a defendant is convicted of the class 2 or class 3 felony of child
abuse under subparagraph (I) or (III) of paragraph (a) of subsection (7) of this
section, the court shall sentence the defendant in accordance with section 18-1.3-401 (8)(d).
(8) Repealed.
(9) (a) If a parent is charged with permitting a child to be unreasonably
placed in a situation that poses a threat of injury to the child's life or health,
pursuant to subsection (1)(a) of this section, and the child was seventy-two hours
old or younger at the time of the alleged offense, it is an affirmative defense to the
charge that the parent safely, reasonably, and knowingly handed the child over to a
firefighter, as defined in section 18-3-201 (1.5), or to a staff member who engages in
the admission, care, or treatment of patients at a hospital or community clinic
emergency center, as defined in subsection (9)(b) of this section, when the
firefighter is at a fire station, or the staff member is at a hospital or community
clinic emergency center, as defined in subsection (9)(b) of this section.
(b) Community clinic emergency center means a community clinic licensed
by the department of public health and environment pursuant to section 25-3-101
(2)(a)(I)(B) that:
(I) Delivers emergency services; and
(II) Provides emergency care twenty-four hours per day and seven days a
week throughout the year, except if located in a rural or frontier area that does not
have the demand to support twenty-four-hour service or only operates each year
during a specified time period due to seasonal population influx.