Any person subject to this chapter—

who has a duty for the care of a child under the age of 16 years; and

who, through design or culpable negligence, endangers the child’s mental or physical health, safety, or welfare;

That the accused had a duty for the care of a certain child;

That the child was under the age of 16 years; and

That the accused endangered the child’s mental or physical health, safety, or welfare through design or culpable negligence.

“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.

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. However, if the accused’s conduct does cause actual physical or mental harm, the potential maximum punishment increases. See subparagraph 77.c.(1)(c) for an explanation of grievous bodily harm.

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

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.

The 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 not charged with the care of a child does not prevent the child from running and playing in the street.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Dishonorable discharge, forfeiture of all pay and allowances and confinement for 4 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Sample specification s.

In that____________(personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) 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)).

In that _________ (personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) 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)).

In that __________(personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) on or about ______ 20 __, was responsible 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).