Criminal abuse in the third degree

(1) A person is guilty of criminal abuse or neglect in the third degree when he or she recklessly abuses or neglects another person or permits another person of whom he or she has actual custody to be abused or neglected and thereby: (a) Causes serious physical injury; or (b) Places him or her in a situation that creates a substantial and unjustifiable risk of serious physical injury; or (c) Causes torture, cruel confinement, or cruel punishment; to a person under thirteen (13) years old, or who is physically helpless or mentally helpless. (2) Criminal abuse or neglect in the third degree is a Class A misdemeanor unless the person is under thirteen (13) years old and the person has suffered serious physical injury by the ingestion or inhalation of a controlled substance, in which case it is a Class D felony.