Legislation
SECTION 260.15
Endangering the welfare of a child; defense
Penal (PEN) CHAPTER 40, PART 3, TITLE O, ARTICLE 260
§ 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 of this article, based upon an alleged failure or refusal
to provide proper medical care or treatment to an ill child, it is an
affirmative defense that the defendant (a) is a parent, guardian or
other person legally charged with the care or custody of such child; and
(b) is a member or adherent of an organized church or religious group
the tenets of which prescribe prayer as the principal treatment for
illness; and (c) treated or caused such ill child to be treated in
accordance with such tenets.
In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 of this article, based upon an alleged failure or refusal
to provide proper medical care or treatment to an ill child, it is an
affirmative defense that the defendant (a) is a parent, guardian or
other person legally charged with the care or custody of such child; and
(b) is a member or adherent of an organized church or religious group
the tenets of which prescribe prayer as the principal treatment for
illness; and (c) treated or caused such ill child to be treated in
accordance with such tenets.