The current Class D crime of endangering the welfare of a child under the Maine Revised Statutes, Title 17-A, section 554, subsection 1, paragraph C is established when a person violates a duty of care or protection to a child and thereby recklessly endangers the child. This bill amends the provision to more accurately describe the crime by attaching the culpable mental state element of recklessness, which is a conscious disregard of a risk that involves a gross deviation from the standard of conduct that a reasonable and prudent person would observe, to the violation of the duty. The bill amends the laws governing the crime by enacting more serious penalty provisions if the person’s reckless violation of the duty of care or protection results in death of or serious bodily injury to the child. If the child suffers serious bodily injury as a result, the crime is a Class C crime; if the child dies, the crime is a Class B crime. The bill makes all 3 provisions parallel in their description of the prohibited conduct. The bill establishes the Class B crime of aggravated endangering the welfare of a child. A person is guilty of aggravated endangering the welfare of a child if that person endangers the health, safety or welfare of a child by recklessly violating a duty of care or protection,
41 resulting in bodily injury to the child that creates a substantial risk of death or extended
42 convalescence necessary for the recovery of physical health.

Statutes affected:
Bill Text LD 761, SP 319: 17-A.554