§ 11-9-5 - Cruelty to or neglect of child.
SECTION 11-9-5
§ 11-9-5 Cruelty to or neglect of child.– (a) Every person having the custody or control of any child under the age ofeighteen (18) years who shall abandon that child, or who shall treat the childwith gross or habitual cruelty, or who shall wrongfully cause or permit thatchild to be an habitual sufferer for want of food, clothing, proper care, oroversight, or who shall use or permit the use of that child for any wanton,cruel, or improper purpose, or who shall compel, cause, or permit that child todo any wanton or wrongful act, or who shall cause or permit the home of thatchild to be the resort of lewd, drunken, wanton, or dissolute persons, or whoby reason of neglect, cruelty, drunkenness, or depravity, shall render the homeof that child a place in which it is unfit for that child to live, or who shallneglect or refuse to pay the reasonable charges for the support of that child,whenever the child shall be placed by him or her in the custody of, or beassigned by any court to, any individual, association, or corporation, shall beguilty of a felony and shall for every such offense be imprisoned for not lessthan one year nor more than three (3) years, or be fined not exceeding onethousand dollars ($1,000), or both, and the child may be proceeded against as aneglected child under the provisions of chapter 1 of title 14.
(b) In addition to any penalty provided in this section, anyperson convicted or placed on probation for this offense may be required toreceive psychosociological counseling in child growth, care and development asa part of that sentence or probation. For purposes of this section, and inaccordance with § 40-11-15, a parent or guardian practicing his or herreligious beliefs which differ from general community standards who does notprovide specified medical treatment for a child shall not, for that reasonalone, be considered an abusive or negligent parent or guardian; provided, theprovisions of this section shall not: (1) exempt a parent or guardian fromhaving committed the offense of cruelty or neglect if the child is harmed underthe provisions of (a) above; (2) exempt the department from the provisions of§ 40-11-5; or (3) prohibit the department from filing a petition, pursuantto the provisions of § 40-11-15, for medical services for a child, wherehis or her health requires it.