1.121 — CHILD ABANDONMENT

Violations of "Statute 1.121" results in a Class C Misdemeanor with the possibility of loss of parental rights, if applicable.

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(a) Definitions

Child abandonment is defined as the willful and unlawful desertion or abandonment of a child under the age of 18 years by a parent, guardian, or person entrusted with the care or custody of the child, without providing necessary care, support, or supervision.

(b) Elements

To prove child abandonment, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant willfully and unlawfully deserted or abandoned a child.

2. The child was below the age of 18 years old.

3. The defendant was a parent, guardian, or person entrusted with the care or custody of the child.

4. The defendant failed to provide necessary care, support, or supervision for the child.

5. The abandonment was intentional and without legal justification or excuse.

6. The child in question suffers from mental/physical issues requiring the care of another.

   1. Mental Disabilities

   2. Physical Impairment

(c) Defenses

Defenses to a charge of child abandonment may include, but are not limited to:

• Lack of intent: The defendant did not willfully abandon the child and had a valid reason for their absence.

• Necessity: The defendant was forced to abandon the child due to circumstances beyond their control, such as a natural disaster or medical emergency.

• Lack of legal duty: The defendant did not have a legal duty to care for the child.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for child abandonment or neglect.

• Abandonment of a particularly vulnerable child, such as an infant or disabled child.

• Abandonment in circumstances posing a significant risk to the child's health or safety.