US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 15
                        CHILDREN AND VULNERABLE ADULTS
    18-1501.  INJURY TO CHILDREN. (1) Any person who, under circumstances or
conditions likely to produce great bodily harm or death, willfully causes or
permits any  child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child, willfully
causes or permits the person or health of such child to be injured, or
willfully causes or permits such child to be placed in such situation that its
person or health is endangered, is punishable by imprisonment in the county
jail not exceeding one (1) year, or in the state prison for not less than one
(1) year nor more than ten (10) years.
    (2)  Any person who, under circumstances or conditions other than those
likely to produce great bodily harm or death, willfully causes or permits any
child to suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any child, willfully causes or
permits the person or health of such child to be injured, or willfully causes
or permits such child to be placed in such situation that its person or health
may be endangered, is guilty of a misdemeanor.
    (3)  A person over the age of eighteen (18) years commits the crime of
injury to a child if the person transports a minor in a motor vehicle or
vessel as defined in section 67-7003, Idaho Code, while under the influence of
alcohol, intoxicating liquor, a controlled substance, or any combination
thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person
convicted of violating this subsection is guilty of a misdemeanor. If a child
suffers bodily injury or death due to a violation of this subsection, the
violation will constitute a felony punishable by imprisonment for not more
than ten (10) years, unless a more severe penalty is otherwise prescribed by
law.
    (4)  The practice of a parent or guardian who chooses for his child
treatment by prayer or spiritual means alone shall not for that reason alone
be construed to have violated the duty of care to such child.
    (5)  As used in this section, "willfully" means acting or failing to act
where a reasonable person would know the act or failure to act is likely to
result in injury or harm or is likely to endanger the person, health, safety
or well-being of the child.