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5-27-205. Endangering the welfare of a minor in the first degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-27-205. Endangering the welfare of a minor in the first degree.
(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or
(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.
(b) Endangering the welfare of a minor in the first degree is a Class D felony.
(c)(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider, law enforcement agency, or fire department as provided in § 9-34-201 et seq.
(2)(A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.
(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, or fire department as provided in § 9-34-201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-27-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-27-205
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 07c9387ed49db787bbaa3ede92df824f73f9712f43f3493f448c7a0790e05500
Source location: content.xml paragraph 13210
Stored source content
5-27-205. Endangering the welfare of a minor in the first degree.
(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or
(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.
(b) Endangering the welfare of a minor in the first degree is a Class D felony.
(c)(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider, law enforcement agency, or fire department as provided in § 9-34-201 et seq.
(2)(A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.
(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, or fire department as provided in § 9-34-201 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-34-201. Definitions.
For purposes of this chapter:
(1) “Fire department” means any organization that is staffed twenty-four (24) hours a day and established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments;
(2) “Law enforcement agency” means any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of the criminal, traffic, or highway laws of this state as defined in § 12-9-301 and that is staffed twenty-four (24) hours a day; and
(3) “Medical provider” means any emergency department of a hospital licensed under § 20-9-214.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-34-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-34-201. This identifies an authority to review, not proof of applicability.