Endangering the welfare of an incompetent person in the second degree

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  1. (a)

    1. (1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

    2. (2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:

      1. (A) Protracted disfigurement;

      2. (B) Protracted impairment of physical or mental health; or

      3. (C) Loss or protracted impairment of the function of any bodily member or organ.

  2. (b) Endangering the welfare of an incompetent person in the second degree is a Class A misdemeanor.


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