HB 2379-S - DIGEST

 

                      (DIGEST AS ENACTED)

 

     Declares that a person is guilty of the crime of leaving a child in the care of a sex offender if the person is:  (1) The parent of a child; (2) Entrusted with the physical custody of a child; or (3) Employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.

     Provides that it is an affirmative defense to the charge of leaving a child in the care of a sex offender under this act, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.

     Provides that leaving a child in the care of a sex offender is a misdemeanor.