§709-903.5  Endangering the welfare of a
minor in the first degree.  (1)  Except as provided in subsection (2), a
person commits the offense of endangering the welfare of a minor in the first
degree if, having care or custody of a minor, the person:



(a) Intentionally or knowingly allows another person
to inflict serious or substantial bodily injury on the minor; or



(b) Intentionally or knowingly causes or permits the
minor to inject, ingest, inhale, or otherwise introduce into the minor's body
any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20
that has not been prescribed by a physician for the minor, except as permitted
under section 329-122.



(2)  It shall be a defense to prosecution under
sections 709-903.5(1) and 709-904(1) if, at the time the person allowed another
to inflict serious or substantial bodily injury on a minor, the person
reasonably believed the person would incur serious or substantial bodily injury
in acting to prevent the infliction of serious or substantial bodily injury on
the minor.



(3)  Endangering the welfare of a minor in the
first degree is a class C felony. [L 1986, c 314, §70; am L 2006, c 249, §1; am
L 2008, c 81, §1]



 



Revision Note



 



  In subsection (2), "709-904(1)" substituted for
"709-704(1)".



 



COMMENTARY ON §709-903.5



 



  Act 314, Session Laws 1986, provided that a person is
criminally liable for intentionally or knowingly allowing another person to
inflict serious or substantial bodily harm on a minor.  Persons charged with
this offense may defend on the ground that they reasonably believed they would
incur serious or substantial bodily injury by acting to prevent the harm to the
minor.  Conference Committee Report No. 51-86.



  Act 249, Session Laws 2006, expanded the crime of endangering
the welfare of a minor in the first degree to include causing or permitting a
minor to ingest methamphetamine.  Conference Committee Report No. 84-06.



  Act 81, Session Laws 2008,  amended subsection (1) to include
in the offense causing or permitting a minor to inject, ingest, inhale, or
otherwise introduce into the minor's body, any controlled substance listed in
schedules I through IV not prescribed by a physician, excluding the medical use
of marijuana.  The legislature found that the Act would provide greater
protection for the health and safety of the children of Hawaii, and was
necessary because of the high risk of injury caused by the ingestion of
schedule I, II, III, and IV controlled substances.  Conference Committee Report
No. 55-08, Senate Standing Committee Report No. 3415.