568.045. Endangering the welfare of a child in the first degree, penalties.
1. A person commits the offense of endangering the welfare of a child in the first degree if he or she:
- Knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age; or
- Knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;
- Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 571 or 579;
- In the presence of a child less than seventeen years of age or in a residence where a child less than seventeen years of age resides, unlawfully manufactures or attempts to manufacture compounds, possesses, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of its analogues.
2. The offense of endangering the welfare of a child in the first degree is a class D felony unless the offense:
- Is committed as part of an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity, or where physical injury to the child results, or the offense is a second or subsequent offense under this section, in which case the offense is a class C felony;
- Results in serious physical injury to the child, in which case the offense is a class B felony; or
- Results in the death of a child, in which case the offense is a class A felony.
