AN ACT TO CREATE THE FELONY OFFENSE OF CHEMICAL ENDANGERMENT OF A CHILD.
Enacts new GS 14-318.6 to create a new Class D felony, called Intentional Chemical Endangerment of a Child, for any person who intentionally causes or permits a child less than 16 years of age to ingest, inhale, or have any contact with any controlled substance under GS Chapter 90, Article 5.
Creates a new Class G felony, called Negligent Chemical Endangerment of a Child, for any person who, in reckless disregard of the consequences of the action, causes or permits a child less than 16 years of age to ingest, inhale, or have contact with any controlled substance under GS Chapter 90, Article 5.
Creates a new Class B1 felony for persons who commit Negligent Chemical Endangerment of a Child and unintentionally, proximately cause the death of the child less than 16 years of age.
Provides an affirmative defense to any of these felonies that the controlled substance was provided by lawful prescription for the child, and administered in accordance with the prescription instructions.
Effective December 1, 2017, and applies to offenses committed on or after that date.
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