(1) By design resulting in grievous bodily harm: DD, TF, 8 years, E-1. (Category 3)

(2) By design resulting in harm: DD, TF, 5 years, E-1. (Category 2)

(3) Other cases by design: DD, TF, 4 years, E-1. (Category 2)

(4) By culpable negligence resulting in grievous bodily harm: DD, TF, 3 years, E-1. (Category 2)

(5) By culpable negligence resulting in harm: BCD, TF, 2 years, E-1. (Category 2)

(6) Other cases by culpable negligence: BCD, TF, 1 year, E-1. (Category 1)

Resulting in grievous bodily harm:

In that____________(personal jurisdiction data), (at/on board—location), on or about ____ 20 __, had a duty for the care of ________, a child under the age of 16 years and did endanger the (mental health) (physical health) (safety) (welfare) of said ____________, by (leaving the said _________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said_______’s diabetic condition) (_________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in grievous bodily harm, to wit:________________) (broken leg) (deep cut) (fractured skull)).

Resulting in harm:

In that _________ (personal jurisdiction data), (at/on board—location), on or about _________ 20 __, had a duty for the care of _________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said _________, by (leaving the said _________unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said _________’s diabetic condition) (______________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in (harm, to wit:________) (a black eye) (bloody nose) (minor cut)).

Other cases:

In that __________(personal jurisdiction data), (at/on board—location), on or about ______ 20 __, was responsible had a duty for the care of __________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said________, by (leaving the said _____________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said ___________’s diabetic condition) (___________), and that such conduct (was by design) (constituted culpable negligence).

(1) That the accused had a duty for the care of (state the name of the alleged victim);

(2) That (state the name of the alleged victim) was then under the age of 16 years; (and)

(3) That (state the time and place alleged), the accused endangered (state the name of the alleged victim)’s (mental health) (physical health) (safety) (welfare) through (design) (culpable negligence) by ____________________; [and]

[(4)] That the accused’s conduct resulted in (harm) (grievous bodily harm) to (state the name of the alleged victim), to wit: __________.

“Endanger” means to subject one to reasonable probability of harm.

“Duty of care” is determined by the totality of the circumstances and may be established by statute, regulation, legal parent-child relationship, mutual agreement, or assumption of control or custody by affirmative act. When there is no duty of care of a child, there is no offense under this paragraph. Thus, there is no offense when a stranger makes no effort to feed a starving child or an individual, such as a neighbor, not charged with the care of a child does not prevent the child from running and playing in the street.

(“Design” means on purpose, intentionally, or according to plan and requires specific intent to endanger the child.)

(“Culpable negligence” is a degree of carelessness greater than simple negligence. It is a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission. In the context of this offense, culpable negligence may include acts that, when viewed in the light of human experience, might foreseeably result in harm to a child. The age and maturity of the child, the conditions surrounding the neglectful conduct, the proximity of assistance available, the nature of the environment in which the child may have been left, the provisions made for care of the child, and the location of the parent or adult responsible for the child relative to the location of the child, among others, may be considered in determining whether the conduct constituted culpable negligence. (While this offense may be committed against any child under 16, the age of the victim is a factor in the culpable negligence determination. Leaving a teenager alone for an evening may not be culpable (or even simple) negligence; leaving an infant or toddler for the same period might constitute culpable negligence. On the other hand, leaving a teenager without supervision for an extended period while the accused was on temporary duty outside commuting distance might constitute culpable negligence.))

Actual physical or mental harm to the child is not required. The offense requires that the accused’s actions reasonably could have caused physical or mental harm or suffering.

“Harm” means actual physical or mental injury to the child.

“Grievous bodily harm” means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.