(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.
(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.
(c) Permitting abuse of a minor is a:
(1) Class B felony if the abuse of the minor:
(A) Consisted of sexual intercourse;
(B) Consisted of deviate sexual activity; or
(C) Caused serious physical injury or death to the minor; or
(2) Class D felony if the abuse of the minor:
(A) Consisted of sexual contact; or
(B) Caused physical injury to the minor.
(d) As used in this section:
(1) "Abuse" means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and
(2) "Minor" means a person under eighteen (18) years of age.
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