Washington Code 9A.42.070 – Abandonment of a dependent person in the second degree — Exception
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(1) Except as provided in subsection (2) of this section, a person is guilty of the crime of abandonment of a dependent person in the second degree if:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
class C felony | up to 5 years | up to $10,000 |
Terms Used In Washington Code 9A.42.070
- Abandons: means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life. See Washington Code 9A.42.010
- Basic necessities of life: means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication. See Washington Code 9A.42.010
- Child: means a person under eighteen years of age. See Washington Code 9A.42.010
- Dependent: A person dependent for support upon another.
- Dependent person: means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. See Washington Code 9A.42.010
- Employed: means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. See Washington Code 9A.42.010
- Great bodily harm: means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ. See Washington Code 9A.42.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Substantial bodily harm: means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
Washington Code 9A.42.010
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or a person employed to provide to the child or other dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other dependent person; and:
(i) As a result of being abandoned, the child or other dependent person suffers substantial bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other dependent person will die or suffer great bodily harm.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) Abandonment of a dependent person in the second degree is a class C felony.
NOTES:
Intent—Effective date—2002 c 331: See notes following RCW 13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.