Ark. Code Ann. § 5-27-205: Endangering the welfare of a minor in the first degree

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely: (1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or (2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury. (b) Endangering the welfare of a minor in the first degree is a Class D felony. (c) (1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. (2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. Amended by Act 2023, No. 68,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 2407; A.S.A. 1947, § 41-2407; Acts 2001, No. 236, § 2; 2005, No. 2207, § 1.

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely: (1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or (2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or

(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of a minor in the first degree is a Class D felony.

(c) (1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq. (2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

as provided in § 9-34-201 et seq.

(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with or in, or voluntarily arranged for another person to deliver a child to and leave the child with or in, a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(2) (A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section. (B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.

(A) Subdivision (c)(1) of this section does not create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.

(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed before the delivery of a child to a medical provider, law enforcement agency, fire department, or a newborn safety device as provided in § 9-34-201 et seq.