Section 11.51.100. Endangering the welfare of a child in the first degree.

   (a) A person commits the crime of endangering the welfare of a child in the first degree if, being a parent, guardian, or other person legally charged with the care of a child under 16 years of age, the person
        (1) intentionally deserts the child in a place under circumstances creating a substantial risk of physical injury to the child;
        (2) leaves the child with another person who is not a parent, guardian, or lawful custodian of the child knowing that the person is
             (A) registered or required to register as a sex offender or child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with similar requirements;
             (B) charged by complaint, information, or indictment with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another jurisdiction with similar elements; or
             (C) charged by complaint, information, or indictment with an attempt, solicitation, or conspiracy to commit a crime described in (B) of this paragraph;
        (3) leaves the child with another person knowing that the person has previously physically mistreated or had sexual contact with any child, and the other person causes physical injury to or engages in sexual contact with the child; or
        (4) recklessly fails to provide an adequate quantity of food or liquids to a child, causing protracted impairment of the child's health.
   (b) A person commits the crime of endangering the welfare of a minor in the first degree if the person transports a child in a motor vehicle, aircraft, or watercraft while in violation of AS 28.35.030.
   (c) In this section, "physically mistreated" means
        (1) having committed an act punishable under AS 11.41.100 - 11.41.250; or
        (2) having applied force to a child that, under the circumstances in which it was applied, or considering the age or physical condition of the child, constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation because of the substantial and unjustifiable risk of
             (A) death;
             (B) serious or protracted disfigurement;
             (C) protracted impairment of health;
             (D) loss or impairment of the function of a body member or organ;
             (E) substantial skin bruising, burning, or other skin injury;
             (F) internal bleeding or subdural hematoma;
             (G) bone fracture; or
             (H) prolonged or extreme pain, swelling, or injury to soft tissue.
   (d) Endangering the welfare of a child in the first degree under (a)(3) of this section is a
        (1) class B felony if the child dies;
        (2) class C felony if the child suffers sexual contact, sexual penetration, or serious physical injury; or
        (3) class A misdemeanor if the child suffers physical injury.
   (e) Endangering the welfare of a child under (b) of this subsection is a class A misdemeanor.
   (f) Endangering the welfare of a child in the first degree under (a)(1), (2), or (4) of this section is a class C felony.

Authorities

11.35.000;28.15.046;47.10.015

Notes

References

7 AAC 10.905
AS 11.35.000 ">

Chapter 11.35 ABANDONMENT AND NONSUPPORT

AS 28.15.046 Licensing of school bus drivers.
AS 47.10.015 Physical harm.

History

(Sec. 5 ch 166 SLA 1978; am Sec. 5 ch 99 SLA 1998; am Sec. 1 - 3 ch 127 SLA 2004; am Sec. 10 ch 20 SLA 2011; am Sec. 3, 4 ch 70 SLA 2012; am Sec. 5 ch 9 SLA 2013)