§ 5-27-221 - Permitting abuse of a minor.
               	 		
5-27-221.    Permitting abuse of a minor.
    (a)  A  person commits the offense of permitting abuse of a minor if, being a  parent, guardian, or person legally charged with the care or custody of a  minor, he or she recklessly fails to take action to prevent the abuse  of a minor.
(b)  It is a defense to a  prosecution for the offense of permitting abuse of a minor if the  parent, guardian, or person legally charged with the care or custody of  the minor takes immediate steps to end the abuse of the minor, including  prompt notification of a medical or law enforcement authority, upon  first knowing or having good reason to know that abuse has occurred.
(c)  Permitting abuse of a minor is a:
      (1)  Class B felony if the abuse of the minor:
            (A)  Consisted of sexual intercourse;
            (B)  Consisted of deviate sexual activity; or
            (C)  Caused serious physical injury or death to the minor; or
      (2)  Class D felony if the abuse of the minor:
            (A)  Consisted of sexual contact; or
            (B)  Caused physical injury to the minor.
(d)  As used in this section:
      (1)  "Abuse"  means only sexual intercourse, deviate sexual activity, sexual contact,  or causing physical injury, serious physical injury, or death, which  could be prosecuted as a delinquent or criminal act; and
      (2)  "Minor" means a person under eighteen (18) years of age.