568.050. Endangering the welfare of a child in the second degree. - Missouri Statutes

Endangering the welfare of a child in the second degree.

568.050. 1. A person commits the crime of endangering the welfare ofa child in the second degree if:

(1) He or she with criminal negligence acts in a manner that createsa substantial risk to the life, body or health of a child less thanseventeen years old; or

(2) He or she knowingly encourages, aids or causes a child less thanseventeen years old to engage in any conduct which causes or tends to causethe child to come within the provisions of paragraph (d) of subdivision (2)of subsection 1 or subdivision (3) of subsection 1 of section 211.031,RSMo; or

(3) Being a parent, guardian or other person legally charged with thecare or custody of a child less than seventeen years old, he or sherecklessly fails or refuses to exercise reasonable diligence in the care orcontrol of such child to prevent him from coming within the provisions ofparagraph (c) of subdivision (1) of subsection 1 or paragraph (d) ofsubdivision (2) of subsection 1 or subdivision (3) of subsection 1 ofsection 211.031, RSMo; or

(4) He or she knowingly encourages, aids or causes a child less thanseventeen years of age to enter into any room, building or other structurewhich is a public nuisance as defined in section 195.130, RSMo; or

(5) He or she operates a vehicle in violation of subdivision (2) or(3) of subsection 1 of section 565.024, RSMo, subdivision (4) of subsection1 of section 565.060, RSMo, section 577.010, RSMo, or section 577.012,RSMo, while a child less than seventeen years old is present in thevehicle.

2. Nothing in this section shall be construed to mean the welfare ofa child is endangered for the sole reason that he or she is being providednonmedical remedial treatment recognized and permitted under the laws ofthis state.

3. Endangering the welfare of a child in the second degree is a classA misdemeanor unless the offense is committed as part of a ritual orceremony, in which case the crime is a class D felony.

(L. 1977 S.B. 60, A.L. 1984 H.B. 1616, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 1030 merged with H.B. 1370, et al., A.L. 2005 H.B. 353 and H.B. 972 merged with S.B. 37, et al., A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

(1984) The state is required to prove that defendant knowingly encouraged a child less than seventeen years of age to engage in conduct tending to injure the child's welfare; knowing the child to be less than seventeen is a material element of the crime. Recklessness is not sufficient. State v. Nations (Mo.App.), 676 S.W.2d 282.