2020 Minnesota Statutes

609.378 NEGLECT OR ENDANGERMENT Next OF Previous CHILD Next .

Subdivision 1.Persons guilty of neglect or Previous endangerment Next .

(a)(1) A parent, legal guardian, or caretaker who willfully deprives a Previous child Next of necessary food, clothing, shelter, health care, or supervision appropriate to the Previous child Next 's age, when the parent, guardian, or caretaker is reasonably able to make the necessary provisions and the deprivation harms or is likely to substantially harm the Previous child Next 's physical, mental, or emotional health is guilty of neglect of a Previous child Next and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the deprivation results in substantial harm to the Previous child Next 's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If a parent, guardian, or caretaker responsible for the Previous child Next 's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the Previous child Next , this treatment or care is "health care," for purposes of this clause.

(2) A parent, legal guardian, or caretaker who knowingly permits the continuing physical or sexual abuse of a Previous child Next is guilty of neglect of a Previous child Next and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(b) A parent, legal guardian, or caretaker who endangers the Previous child Next 's person or health by:

(1) intentionally or recklessly causing or permitting a Previous child Next to be placed in a situation likely to substantially harm the Previous child Next 's physical, mental, or emotional health or cause the Previous child Next 's death; or

(2) knowingly causing or permitting the Previous child Next to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance, as defined in section 152.01, subdivision 4, in violation of section 152.021, 152.022, 152.023, 152.024, or 152.0262; is guilty of Previous child Next Previous endangerment Next and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

If the Previous endangerment Next results in substantial harm to the Previous child Next 's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

This paragraph does not prevent a parent, legal guardian, or caretaker from causing or permitting a Previous child Next to engage in activities that are appropriate to the Previous child Next 's age, stage of development, and experience, or from selecting health care as defined in subdivision 1, paragraph (a).

(c) A person who intentionally or recklessly causes a Previous child Next under 14 years of age to be placed in a situation likely to substantially harm the Previous child Next 's physical health or cause the Previous child Next 's death as a result of the Previous child Next 's access to a loaded firearm is guilty of Previous child Next Previous endangerment Next and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

If the Previous endangerment Next results in substantial harm to the Previous child Next 's physical health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 2.Defenses.

It is a defense to a prosecution under subdivision 1, paragraph (a), clause (2), or paragraph (b), that at the time of the neglect or Previous endangerment Next there was a reasonable apprehension in the mind of the defendant that acting to stop or prevent the neglect or Previous endangerment Next would result in substantial bodily harm to the defendant or the Previous child in retaliation.

History:

1983 c 217 s 5; 1984 c 628 art 3 s 11; 1989 c 282 art 2 s 199; 1992 c 571 art 4 s 11; 1993 c 326 art 4 s 22; 2002 c 314 s 6; 2005 c 136 art 7 s 21