H.F. 2086 Section 1. Section 726.6, Code 2026, is amended to read as 1 follows: 2 726.6 Child endangerment. 3 1. As used in this section, unless the context otherwise 4 requires, “child” means any person under eighteen years of age. 5 1. 2. A person who is the parent, guardian, or person 6 having custody or control over a child or a minor under the age 7 of eighteen with a mental or physical disability , or a person 8 who is a member of the household in which a child or such a 9 minor resides, commits child endangerment when the person does 10 any of the following: 11 a. Knowingly acts in a manner that creates a substantial 12 risk to a child or minor’s child’s physical, mental , or 13 emotional health or safety. 14 b. By an intentional act or series of intentional acts, uses 15 unreasonable force, torture , or cruelty that results in bodily 16 injury, or that is intended to cause serious injury. 17 c. By an intentional act or series of intentional acts, 18 evidences unreasonable force, torture , or cruelty which that 19 causes substantial mental or emotional harm to a child or 20 minor . 21 d. Willfully deprives a child or minor of necessary food, 22 clothing, shelter, health care , or supervision appropriate to 23 the child or minor’s child’s age, when the person is reasonably 24 able to make the necessary provisions and which deprivation 25 substantially harms the child or minor’s child’s physical, 26 mental , or emotional health. For purposes of this paragraph, 27 the failure to provide specific medical treatment shall not 28 for that reason alone be considered willful deprivation of 29 health care if the person can show that such treatment would 30 conflict with the tenets and practice of a recognized religious 31 denomination of which the person is an adherent or member. 32 This exception does not in any manner restrict the right of an 33 interested party to petition the court on behalf of the best 34 interest of the child or minor . 35 -1- LSB 5685YH (5) 91 as/js 1/ 4

H.F. 2086 e. Knowingly permits the continuing physical or sexual abuse 1 of a child or minor . However, it is an affirmative defense to 2 this subsection if the person had a reasonable apprehension 3 that any action to stop the continuing abuse would result in 4 substantial bodily harm to the person or the child or minor . 5 f. Abandons the child or minor to fend for the child or 6 minor’s child’s self, knowing that the child or minor is unable 7 to do so. 8 g. Knowingly permits a child or minor to be present at 9 a location where amphetamine, its salts, isomers, or salts 10 of isomers, or methamphetamine, its salts, isomers, or salts 11 of isomers, is manufactured in violation of section 124.401, 12 subsection 1 , or where a product is possessed in violation of 13 section 124.401, subsection 4 . 14 h. Knowingly allows a person custody or control of, or 15 unsupervised access to , a child or a minor after knowing the 16 person is required to register or is on the sex offender 17 registry as a sex offender under chapter 692A . However, 18 this paragraph does not apply to a person who is a parent or 19 guardian of a child or a minor , who is required to register as a 20 sex offender, or to a person who is married to and living with a 21 person required to register as a sex offender. 22 i. Knowingly provides direct supervision of a person under 23 section 724.22, subsection 4 , while intoxicated as provided 24 under the conditions set out in section 321J.2, subsection 1 , 25 paragraph “a” , “b” , or “c” . 26 2. 3. A person who is required to register as a sex 27 offender under chapter 692A for a sex offense against a minor 28 child who knowingly has control of a minor child , or who 29 knowingly has unsupervised access to a minor child , commits 30 child endangerment. However, this subsection does not apply 31 to any of the following: 32 a. A person who is required to register as a sex offender 33 under chapter 692A for a sex offense against a minor child who 34 knowingly has control of a minor child , or who knowingly has 35 -2- LSB 5685YH (5) 91 as/js 2/ 4

H.F. 2086 unsupervised access to a minor child , when the person is the 1 legal parent or guardian of the minor child and the control or 2 unsupervised access is not otherwise illegal. 3 b. A person who is required to register as a sex offender 4 under chapter 692A for a sex offense against a minor child 5 who knowingly has control of a minor child , or who knowingly 6 has unsupervised access to a minor child , when the person is 7 married to and living with the legal parent or guardian of 8 the minor child and the control or unsupervised access is not 9 otherwise illegal. 10 3. 4. A parent or person authorized by the parent shall not 11 be prosecuted for a violation of subsection 1 2 , paragraph “f” , 12 relating to abandonment, if the parent or person authorized by 13 the parent has voluntarily released custody of a newborn infant 14 in accordance with section 233.2 . 15 4. 5. For the purposes of subsection 1 2 , “person having 16 control over a child or a minor ” means any of the following: 17 a. A person who has accepted, undertaken, or assumed 18 supervision of a child or such a minor from the parent or 19 guardian of the child or minor . 20 b. A person who has undertaken or assumed temporary 21 supervision of a child or such a minor without explicit consent 22 from the parent or guardian of the child or minor . 23 c. A person who operates a motor vehicle with a child or 24 such a minor present in the vehicle. 25 5. 6. A person who commits child endangerment resulting in 26 the death of a child or minor is guilty of a class “B” felony. 27 Notwithstanding section 902.9, subsection 1, paragraph “b” , a 28 person convicted of a violation of this subsection shall be 29 confined for no more than fifty years. 30 6. 7. A person who commits child endangerment resulting 31 in serious injury to a child or minor is guilty of a class “C” 32 felony. 33 7. 8. A person who commits child endangerment resulting 34 in bodily injury to a child or minor or child endangerment in 35 -3- LSB 5685YH (5) 91 as/js 3/ 4

H.F. 2086 violation of subsection 1 2 , paragraph “g” , that does not result 1 in a serious injury, or a person who commits child endangerment 2 in violation of subsection 2 3 , is guilty of a class “D” 3 felony. 4 8. 9. A person who commits child endangerment that is not 5 subject to penalty under subsection 5, 6, or 7 6, 7, or 8 is 6 guilty of an aggravated misdemeanor. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to child endangerment. 11 Current law provides that a person who is the parent, 12 guardian, or person having custody or control over a child or a 13 minor under the age of 18 with a mental or physical disability, 14 or a person who is a member of the household in which a child 15 or such a minor resides, commits child endangerment when the 16 person does any of the actions described in Code section 726.6. 17 The bill adds a definition of “child” to mean any person 18 under 18 years of age, and removes references to minors. 19 -4- LSB 5685YH (5) 91 as/js 4/ 4