§ 260.06 Non-support of a child in the first degree.

A person is guilty of non-support of a child in the first degree when:

1. (a) being a parent, guardian or other person legally charged with
the care or custody of a child less than sixteen years old, he or she
fails or refuses without lawful excuse to provide support for such child
when he or she is able to do so; or

(b) being a parent, guardian or other person obligated to make child
support payments by an order of child support entered by a court of
competent jurisdiction for a child less than eighteen years old, he or
she fails or refuses without lawful excuse to provide support for such
child when he or she is able to do so; and

2. he or she has previously been convicted in the preceding five years
of a crime defined in section 260.05 of this article or a crime defined
by the provisions of this section.

Non-support of a child in the first degree is a class E felony.