§ 35-46-1-4 — Neglect of a dependent; child selling

Indiana § 35-46-1-4

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 1: Offenses Against the Family

Text

(a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal obligation, who
knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Level 6 felony.
(b) However, the offense is:
(1) a Level 5 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating IC 35-48-4-1 (dealing in cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in methamphetamine), or IC 35-48-4-1.2 (manufacturing methamphetamine); or
(ii) the result of a violation of IC 35-48-4-1 (dealing in
cocaine or a narcotic drug), IC 35-48-4-1.1 (dealing in
methamphetamine), or IC 35-48-4-1.2 (manufacturing
methamphetamine);
(2) a Level 3 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury;
(3) a Level 1 felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) by a person at least eighteen (18) years of age and
results in the death or catastrophic injury of a dependent who is
less than fourteen (14) years of age or in the death or catastrophic
injury of a dependent of any age who has a mental or physical
disability; and
(4) a Level 5 felony if it is committed under subsection (a)(2) and
consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary
facilities;
(B) consists of confinement in an area not intended for human
habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord, tape,
or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this
section that:
(1) the accused person left a dependent child who was, at the time
the alleged act occurred, not more than thirty (30) days of age:
(A) in a newborn safety device described in IC 31-34-2.5-1(a)(2), IC 31-34-2.5-1(a)(3), IC 31-34-2.5-1(a)(4),
or IC 31-34-2.5-1(a)(5); or
(B) with a person who is an emergency medical services
provider (as defined in IC 16-41-10-1) who took custody of the
child under IC 31-34-2.5;
when the prosecution is based solely on the alleged act of leaving
the child in the newborn safety device or with the emergency
medical services provider and the alleged act did not result in
bodily injury or serious bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused
person's religious belief, provided treatment by spiritual means
through prayer, in lieu of medical care, to the accused person's
dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5
or IC 31-6-5 before their repeal); or
(2) under section 9(d) of this chapter;
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Level 6 felony.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts
1977, P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980,
P.L.208, SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301,
SEC.3; P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000,
SEC.10; P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007,
SEC.1; P.L.109-2007, SEC.1; P.L.6-2012, SEC.227; P.L.193-2013,
SEC.6; P.L.158-2013, SEC.550; P.L.168-2014, SEC.85; P.L.113-2017,
SEC.14; P.L.183-2017, SEC.58; P.L.263-2017, SEC.3; P.L.252-2017,
SEC.17; P.L.205-2018, SEC.13; P.L.184-2019, SEC.13; P.L.170-2021,
SEC.4.