KRS 508.120: Criminal abuse in the third degree.

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

recklessly 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 helpless or mentally

helpless.

(2) Criminal abuse or neglect in the third degree is a Class A misdemeanor unless the

person is under thirteen (13) years old and the person has suffered serious physical

injury by the ingestion or inhalation of a controlled substance, in which case it is a

Class D felony.