Section 26-10-30 - Permitting physical or sexual abuse of child as felony--Affirmativedefense.
26-10-30. Permitting physical or sexual abuse of child as felony--Affirmative defense. It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child.
It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.
It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.
Source: SL 2006, ch 146, § 1.