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(1) Criminal homicide constitutes child abuse homicide if, under circumstances not amounting to aggravated murder, as described in Section 76-5-202, the actor causes the death of a person under 18 years of age and the death results from child abuse, as defined in Subsection 76-5-109(1):
(a) if the child abuse is done recklessly under Subsection 76-5-109(2)(b);
(b) if the child abuse is done with criminal negligence under Subsection 76-5-109(2)(c); or
(c) if, under circumstances not amounting to the type of child abuse homicide described in Subsection (1)(a), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
(2) Child abuse homicide as described in Subsection (1)(a) is a first degree felony.
(3) Child abuse homicide as described in Subsections (1)(b) and (c) is a second degree felony.