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IC 35-46-1-4
Neglect of a dependent; child selling
Sec. 4. (a) A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally:
(1) places the dependent in a situation that endangers the dependent’s life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and:
(A) results in bodily injury; or
(B) is:
(i) committed in a location where a person is violating IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug); or
(ii) the result of a violation of IC 35-48-4-1 (delivery, financing, or manufacture of cocaine, methamphetamine, or a narcotic drug);
(2) a Class B felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) and results in serious bodily injury;
(3) a Class A felony if it is committed under subsection (a)(1), (a)(2), or (a)(3) by a person at least eighteen (18) years of age and results in the death of a dependent who is less than fourteen (14) years of age; and
(4) a Class C felony if it is committed under subsection (a)(2) and consists of cruel confinement or abandonment that:
(A) deprives a dependent of necessary food, water, or sanitary facilities;
(B) consists of confinement in an area not intended for human habitation; or
(C) involves the unlawful use of handcuffs, a rope, a cord, tape, or a similar device to physically restrain a dependent.
(c) It is a defense to a prosecution based on an alleged act under this section that:
(1) the accused person left a dependent child who was, at the time the alleged act occurred, not more than thirty (30) days of age with an emergency medical provider who took custody of the child under IC 31-34-2.5 when:
(A) the prosecution is based solely on the alleged act of

leaving the child with the emergency medical services provider; and
(B) the alleged act did not result in bodily injury or serious bodily injury to the child; or
(2) the accused person, in the legitimate practice of the accused person’s religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the accused person’s dependent.
(d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or IC 31-1-11.5 or IC 31-6-5 before their repeal); or
(2) under IC 35-46-1-9(b);
a person who transfers or receives any property in consideration for the termination of the care, custody, or control of a person’s dependent child commits child selling, a Class D felony.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.87; Acts 1978, P.L.144, SEC.8; Acts 1980, P.L.208, SEC.1; Acts 1981, P.L.299, SEC.2; Acts 1981, P.L.301, SEC.3; P.L.1-1997, SEC.151; P.L.197-1999, SEC.6; P.L.133-2000, SEC.10; P.L.46-2004, SEC.1; P.L.26-2006, SEC.2; P.L.15-2007, SEC.1; P.L.109-2007, SEC.1.

Notice the “knowing” or “intentionally” Mens Rea required, then learn the requirements of those provisions.

10 years in prison for this guy but the cop walks...

Father Sentenced In Son’s Shooting Of 4-Year-Old Sister
Police: Then-5-Year-Old Boy Shot, Killed Sister
http://www.theindychannel.com/news/19263362/detail.html
INDIANAPOLIS — The father of a young boy who police said shot and killed his 4-year-old sister with a gun he found in the family’s home was sentenced Thursday.

James Booher, 27, pleaded guilty to one count of felony neglect of a dependent and was sentenced to 10 years in prison, with two years suspended, 6News’ Derrik Thomas reported.

“When there are children present that you have responsibility for keeping safe, you have an obligation to make sure they are kept safe from something so deadly,” Marion County Deputy Prosecutor Barb Crawford said outside court Thursday.

Except if you’re a cop...

Laws for thee but not for me...

Mom arrested for neglect in BB gun shooting
by Lindsey Ziliak
http://pharostribune.com/local/x1894460738/Mom-arrested-for-BB-gun-shooting
A Logansport woman was arrested Tuesday on a neglect charge after her 3-year-old son seriously injured a 6-year-old with a BB gun last week.

Rebecca Anderson, 32, turned herself into police just before noon today and is being charged with neglect of dependent resulting in injury, a class C felony.

Last Wednesday 6-year-old Ariana Roman suffered a skull fracture during an overnight stay at a friend’s house. The friend’s 3-year-old brother had retrieved a BB gun from a closet shelf and shot the girl in the left side of the head.

Detective Brad Miller of the Logansport Police Department said Anderson was the adult in the house at the time of the incident and was responsible for the care of the children.

According to police reports, Anderson “left access to a BB gun in an unlocked closet which was accessible by her 3-year-old son.”

Miller said the gun was fired at close range and left the victim seriously injured.

Ariana was released from the hospital Monday and is at home recovering.

“She can talk some, and she can color now,” Miller said.

Ariana’s mother, Robin Prince, told Miller that her daughter lost 40 percent of her speech as a result of the accident. Doctors say it could take two to five years to recover through therapy.

The 6-year-old also has nerve damage and can’t hear out of her right ear.

Prince told police last week that the force of the blow to her daughter’s head caused a skull fracture that severed an artery in Ariana’s brain. The child had to have surgery to remove a blood clot from her brain.

As Anderson turned herself in to police, Miller said she told him the whole situation was an accident, but she understands that someone has to be held accountable.

She is being held in the Cass County Jail on a $2,000 cash bond or $10,000 surety.