KRS 508.110: Criminal abuse in the second degree.

(1) A person is guilty of criminal abuse or neglect in the second degree when he or she

wantonly 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; or

(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 h elpless or mentally

helpless.

(2) Criminal abuse or neglect in the second degree is a Class D felony.