AB 431

Under current law, any person who is responsible for a child's welfare who,

through his or her actions or failure to take action, intentionally contributes to the

neglect of the child is guilty of a misdemeanor or, if the child suffers bodily harm or

death, the person is guilty of a felony. Under this bill, any person who is responsible

for a child's welfare who negligently fails, for reasons other than poverty, to provide

the child with necessary care or contributes to the failure is guilty of the crime of

neglect. Under the bill, necessary care includes appropriate food, clothing, medical

and dental care, shelter, and supervision; the opportunity for education; or the

protection from exposure to the distribution, manufacture, or use of controlled

substances. Under the bill, the penalties for the crime of neglect, or for contributing

to neglect whether or not actual neglect occurs, vary from a Class D felony to a Class

A misdemeanor depending on the consequence or risk of the consequence of death,

injury, or becoming a victim of a crime.

The bill also creates a crime of repeated acts of neglect of the same child. If a

jury agrees that a person committed at least three acts of neglect against the same

child, but does not agree on which acts constitute the three acts, the person is

convicted of committing this crime. The penalties for repeated acts of neglect of the

same child vary from a Class B felony to a Class H felony, depending on the

consequence of the repeated acts of neglect.