Section 260.15. Endangering the welfare of a child; defense  


Latest version.
  • In any prosecution for endangering the welfare of a child, pursuant to
      section 260.10:
        1.  based upon an alleged failure or refusal to provide proper medical
      care or treatment to an ill child, it is an affirmative defense that the
      defendant (a) is a parent, guardian or other person legally charged with
      the care or custody of such child; and (b) is a member or adherent of an
      organized church or religious group the tenets of which prescribe prayer
      as the principal treatment for illness; and (c) treated or  caused  such
      ill child to be treated in accordance with such tenets; or
        2.  based upon an alleged desertion of a child not more than five days
      old, it is an affirmative defense that, with the intent that  the  child
      be safe from physical injury and cared for in an appropriate manner, the
      defendant  left  the  child  with an appropriate person or in a suitable
      location and promptly notified an  appropriate  person  of  the  child's
      location.