KRS 508.100: Criminal abuse in the first degree.

(1) A person is guilty of criminal abuse or neglect in the first degree when he or she intentionally abuses or neglects another person or permits another person of whom he or she has actual custody to be abused or neglected and thereby:

(a) Causes serious physical injury;

(b) Places him or her in a situation that creates a substantial and unjustifiable risk of serious physical injury; or

(c) Causes torture, cruel confinement, or cruel punishment; to a person under thirteen (13) years old, or who is physically helpless or mentally helpless.

(2) Criminal abuse or neglect in the first degree is a Class C felony unless the victim is under thirteen (13) years old, in which case it is a Class B felony.