House
File
2360
-
Enrolled
House
File
2360
AN
ACT
RELATING
TO
CHILD
ENDANGERMENT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
726.6,
Code
2026,
is
amended
to
read
as
follows:
726.6
Child
endangerment.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires,
“child”
means
any
person
under
eighteen
years
of
age.
1.
2.
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
child’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
that
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
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File
2360,
p.
2
the
child
or
minor’s
child’s
age,
when
the
person
is
reasonably
able
to
make
the
necessary
provisions
and
which
deprivation
substantially
harms
the
child
or
minor’s
child’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
child’s
self,
knowing
that
the
child
or
minor
is
unable
to
do
so.
g.
Knowingly
permits
a
child
or
minor
to
be
present
at
a
location
where
amphetamine,
its
salts,
isomers,
or
salts
of
isomers,
or
methamphetamine,
its
salts,
isomers,
or
salts
of
isomers,
is
manufactured
in
violation
of
section
124.401,
subsection
1
,
or
where
a
product
is
possessed
in
violation
of
section
124.401,
subsection
4
.
h.
Knowingly
allows
a
person
custody
or
control
of,
or
unsupervised
access
to
,
a
child
or
a
minor
after
knowing
the
person
is
required
to
register
or
is
on
the
sex
offender
registry
as
a
sex
offender
under
chapter
692A
.
However,
this
paragraph
does
not
apply
to
a
person
who
is
a
parent
or
guardian
of
a
child
or
a
minor
,
who
is
required
to
register
as
a
sex
offender,
or
to
a
person
who
is
married
to
and
living
with
a
person
required
to
register
as
a
sex
offender.
i.
Knowingly
provides
direct
supervision
of
a
person
under
section
724.22,
subsection
4
,
while
intoxicated
as
provided
under
the
conditions
set
out
in
section
321J.2,
subsection
1
,
paragraph
“a”
,
“b”
,
or
“c”
.
2.
3.
A
person
who
is
required
to
register
as
a
sex
House
File
2360,
p.
3
offender
under
chapter
692A
for
a
sex
offense
against
a
minor
child
who
knowingly
has
control
of
a
minor
child
,
or
who
knowingly
has
unsupervised
access
to
a
minor
child
,
commits
child
endangerment.
However,
this
subsection
does
not
apply
to
any
of
the
following:
a.
A
person
who
is
required
to
register
as
a
sex
offender
under
chapter
692A
for
a
sex
offense
against
a
minor
child
who
knowingly
has
control
of
a
minor
child
,
or
who
knowingly
has
unsupervised
access
to
a
minor
child
,
when
the
person
is
the
legal
parent
or
guardian
of
the
minor
child
and
the
control
or
unsupervised
access
is
not
otherwise
illegal.
b.
A
person
who
is
required
to
register
as
a
sex
offender
under
chapter
692A
for
a
sex
offense
against
a
minor
child
who
knowingly
has
control
of
a
minor
child
,
or
who
knowingly
has
unsupervised
access
to
a
minor
child
,
when
the
person
is
married
to
and
living
with
the
legal
parent
or
guardian
of
the
minor
child
and
the
control
or
unsupervised
access
is
not
otherwise
illegal.
3.
4.
A
parent
or
person
authorized
by
the
parent
shall
not
be
prosecuted
for
a
violation
of
subsection
1
2
,
paragraph
“f”
,
relating
to
abandonment,
if
the
parent
or
person
authorized
by
the
parent
has
voluntarily
released
custody
of
a
newborn
infant
in
accordance
with
section
233.2
.
4.
5.
For
the
purposes
of
subsection
1
2
,
“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.
5.
6.
A
person
who
commits
child
endangerment
resulting
in
the
death
of
a
child
or
minor
is
guilty
of
a
class
“B”
felony.
Notwithstanding
section
902.9,
subsection
1,
paragraph
“b”
,
a
person
convicted
of
a
violation
of
this
subsection
shall
be
confined
for
no
more
than
fifty
years.
6.
7.
A
person
who
commits
child
endangerment
resulting
House
File
2360,
p.
4
in
serious
injury
to
a
child
or
minor
is
guilty
of
a
class
“C”
felony.
7.
8.
A
person
who
commits
child
endangerment
resulting
in
bodily
injury
to
a
child
or
minor
or
child
endangerment
in
violation
of
subsection
1
2
,
paragraph
“g”
,
that
does
not
result
in
a
serious
injury,
or
a
person
who
commits
child
endangerment
in
violation
of
subsection
2
3
,
is
guilty
of
a
class
“D”
felony.
8.
9.
A
person
who
commits
child
endangerment
that
is
not
subject
to
penalty
under
subsection
5,
6,
or
7
6,
7,
or
8
is
guilty
of
an
aggravated
misdemeanor.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2360,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor