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a Level 4 felony if the other person is less than six-
teen (16) years of age.
(b) It is a defense that the accused person’s oth-
erwise incestuous relation with the other person
was based on their marriage, if the marriage was
valid where it was entered into.
35-46-1-4. Neglect of a dependent; child
selling.
(a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal
obligation, who knowingly or intentionally:
(1) places the dependent in a situation
that endangers the dependent’s life or
health;
(2) abandons or cruelly confines the
dependent;
(3) deprives the dependent of necessary
support; or
(4) deprives the dependent of education as
required by law;
commits neglect of a dependent, a Level 6 felony.
(b) However, the offense is:
(1) a Level 5 felony if it is committed
under subsection (a)(1), (a)(2), or (a)(3)
and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where
a person is violating IC 35-48-4-
1 (dealing in cocaine or a nar-
cotic drug) or IC 35-48-4-1.1
(dealing in methamphetamine);
or
(ii) the result of a violation of IC
35-48-4-1 (dealing in cocaine or
a narcotic drug) or IC 35-48-4-1.1
(dealing in methamphetamine);
(2) a Level 3 felony if its is committed
under subsection (a)(1), (a)(2), or (a)(3)
and results in serious bodily injury;
(3) a Level 1 felony if it is committed
under subsection (a)(1), (a)(2), or (a)(3) by
a person at least eighteen (18) years of
age and results in the death of a depend-
ent who is less than fourteen (14) years of
age; and
(4) a Level 5 felony if it is committed
under subsection (a)(2) and consists of
cruel confinement or abandonment that:
(A) deprives a dependent of neces-
sary food, water, or sanitary facilities;
(B) consists of confinement in an area
not intended for human habitation; or
(C) involves the unlawful use of hand-
cuffs, a rope, a cord, tape, or similar
device to physically restrain a depend-
ent.
(c) It is a defense to a prosecution based on an
alleged act under this section that:
(1) the accused person left a dependent
child who was, at the time the alleged act
occurred, not more than thirty (30) days of
age with an emergency medical provider
who took custody of the child under IC 31-
34-2.5 when:
(A) the prosecution is based solely on
the alleged act of leaving the child
with the emergency medical services
provider; and
(B) the alleged act did not result in
bodily injury or serious bodily injury
to the child; or
(2) the accused person, in the legitimate
practice of the accused person’s religious
belief, provided treatment by spiritual
means through prayer, in lieu of medical
care, to the accused person’s dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection
with a proceeding under IC 31-15, IC 31-
16, IC 31-17, or IC 31-35 (or IC 31-1-
11.5 or IC 31-6-5 before their repeal); or
(2) under section 9(b) of this chapter;
a person who transfers or receives any property in
consideration for the termination of the care, cus-
tody, or control of a person’s dependent commits
child selling, a Level 6 felony.
35-46-1-4.1. Reckless supervision by a child
care provider.
(a) As used in this section, “child care
provider” means a person who provides child
care in or on behalf of:
(1) a child care center (as defined in IC 12-
7-2-28.4); or
(2) a child care home (as defined in IC
12-7-2-28.6);
