Section 5-27-201 - Endangering the welfare of an incompetent person in the first degree(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.(b) Endangering the welfare of an incompetent person in the first degree is a Class D felony.Acts 1975, No. 280, § 2409; A.S.A. 1947, § 41-2409; Acts 2005, No. 2216, § 1.