§709-905  Endangering the welfare of an
incompetent person.  (1)  A person commits the offense of endangering the
welfare of an incompetent person if he knowingly acts in a manner likely to be
injurious to the physical or mental welfare of a person who is unable to care
for himself because of physical or mental disease, disorder, or defect.



(2)  Endangering the welfare of an incompetent
person is a misdemeanor. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §709-905



 



  This section seeks to expand the protection which the law
affords to incompetents by making it roughly equivalent to that afforded to
minors.  A child who suffers from a mental or physical disease, disorder, or
defect is protected as a child from certain dangers by §§709-902 through 904
which make abandonment, persistent nonsupport, and endangering the welfare of a
minor penal offenses.  A person who is physically incapacitated or mentally
incompetent is afforded protection against sexual assault and abuse by chapter
707, which makes such conduct, as it relates to such persons, an offense. 
However, in cases not involving sexual activity or not specifically involving
minors under §§709-902 through 904, there is, without §709-905, a gap in the
coverage of the Code.  This gap also existed in prior law.