1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following:
a. Knowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety.
b. By an intentional act or series of intentional acts, uses unreasonable force, torture or cruelty that results in bodily injury, or that is intended to cause serious injury.
c. By an intentional act or series of intentional acts, evidences unreasonable force, torture or cruelty which causes substantial mental or emotional harm to a child or minor.
d. Willfully deprives a child or minor of necessary food, clothing, shelter, health care or supervision appropriate to the child or minor's age, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child or minor's physical, mental or emotional health. For purposes of this paragraph, the failure to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child or minor.
e. Knowingly permits the continuing physical or sexual abuse of a child or minor. However, it is an affirmative defense to this subsection if the person had a reasonable apprehension that any action to stop the continuing abuse would result in substantial bodily harm to the person or the child or minor.
f. Abandons the child or minor to fend for the child or minor's self, knowing that the child or minor is unable to do so.
2. A parent or person authorized by the parent who has, in accordance with section 233.2, voluntarily released custody of a newborn infant shall not be prosecuted for a violation of subsection 1, paragraph "f", relating to abandonment.
3. For the purposes of subsection 1, "person having control over a child or a minor" means any of the following:
a. A person who has accepted, undertaken, or assumed supervision of a child or such a minor from the parent or guardian of the child or minor.
b. A person who has undertaken or assumed temporary supervision of a child or such a minor without explicit consent from the parent or guardian of the child or minor.
c. A person who operates a motor vehicle with a child or such a minor present in the vehicle.
4. A person who commits child endangerment resulting in serious injury to a child or minor is guilty of a class "C" felony.
5. A person who commits child endangerment resulting in bodily injury to a child or minor is guilty of a class "D" felony.
6. A person who commits child endangerment not resulting in bodily injury or serious injury to a child or minor is guilty of an aggravated misdemeanor.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, § 731A.1-731A.3; C79, 81, § 726.6]
85 Acts, ch 180, §3; 96 Acts, ch 1129, § 109; 2001 Acts, ch 3, §2-5; 2001 Acts, ch 67, §12, 13
Referred to in § 229A.2, 233.3, 252B.7, 702.11, 707.2, 726.4, 726.6A, 915.37
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