| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.378.1(a)(2)

Statute ID: 1094

Statute Function ID: 1169

Neglect Child-Knowingly Permit Physical/Sex Abuse

In Effect

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Penalty

Classifications

Offense Level:

Gross Misdemeanor (GM)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Crimes Against Family (I) (Rank 16)

Detailed Offense Code:

Child Neglect/Child Endangerment (900)

Offense Severity Level:

Function Text:

UCR Code

Description

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.378.1(a)(2)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 1983

Expiration Date:

Repealed?:

Summary Text:

Neglect Child-Knowingly Permit Physical/Sex Abuse

Statute ID:

1094

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 20, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

2023 Subd. 1 Revisor Instruction 2023 c 52 art 6 s 16. Changed "one year" to "364 days"

Summary Text:

Neglect Child-Knowingly Permit Physical/Sex Abuse

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/378.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(a)(1) A parent, legal guardian, or caretaker who willfully deprives a child of necessary food, clothing, shelter, health care, or supervision appropriate to the child's age, when the parent, guardian, or caretaker is reasonably able to make the necessary provisions and the deprivation harms or is likely to substantially harm the child's physical, mental, or emotional health is guilty of neglect of a child and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. If the deprivation results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If a parent, guardian, or caretaker responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, this treatment or care is "health care," for purposes of this clause.

(2) A parent, legal guardian, or caretaker who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

(b) A parent, legal guardian, or caretaker who endangers the child's person or health by:

(1) intentionally or recklessly causing or permitting a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health or cause the child's death; or

(2) knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance, as defined in section 152.01, subdivision 4, in violation of section 152.021, 152.022, 152.023, 152.024, or 152.0262; is guilty of child endangerment and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

This paragraph does not prevent a parent, legal guardian, or caretaker from causing or permitting a child to engage in activities that are appropriate to the child's age, stage of development, and experience, or from selecting health care as defined in subdivision 1, paragraph (a).

(c) A person who intentionally or recklessly causes a child under 14 years of age to be placed in a situation likely to substantially harm the child's physical health or cause the child's death as a result of the child's access to a loaded firearm is guilty of child endangerment and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the child's physical health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.