Any father, mother, or person responsible for the wellbeing of a minor who through commission of an act, or omission causes harm to a minor or puts his or her health or physical, mental, or emotional integrity at risk, shall be sanctioned with a fixed term of imprisonment of two (2) years, or a fine of not be less than five thousand dollars ($5,000) nor of more than eight thousand dollars ($8,000), or both penalties, at the discretion of the court.
Should there be aggravating circumstances, the fixed penalty thus established may be increased for up to a maximum of three (3) years; should there be extenuating circumstances the fixed penalty may be reduced for up to a minimum of one (1) year. The neglect referred to in this section may take the form of repetitive conduct or of an isolated incident or an imprudent omission incurred without the proper care which causes a physical, mental, or emotional injury, or puts the minor at a substantial risk of death.
When the conduct typified in the preceding paragraph is the result of a pattern of negligent behavior that causes harm or puts the minor’s health and physical, mental, or emotional integrity at risk, it shall be sanctioned with a fixed term of imprisonment of four (4) years, or a fine of not less than eight thousand dollars ($8,000), nor of more than ten thousand dollars ($10,000), or both penalties, at the discretion of the court. Should there be aggravating circumstances, the fixed penalty may be increased for up to a maximum of six (6) years; in the case of extenuating circumstances the fixed penalty may be reduced for up to a minimum of two (2) years.
History —Aug. 1, 2003, No. 177, § 76, eff. 90 days after Aug. 1, 2003.