76-5-208. Child abuse homicide -- Penalties.
(1) As used in this section, "child abuse" means an offense described in Section,,, or. 76-5-109 76-5-109.2 76-5-109.3 76-5-114 Terms defined in Sectionapply to this section. 76-1-101.5
(2) Unless a violation amounts to aggravated murder as described in Section, an actor commits child abuse homicide if: 76-5-202 the actor causes the death of another individual who is younger than 18 years old; and the individual's death results from child abuse; and the child abuse is done recklessly under Subsection; 76-5-109.2(3)(b) the child abuse is done with criminal negligence under Subsection; or 76-5-109.2(3)(c) under circumstances not amounting to the type of child abuse homicide described in Subsection, the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection,, or. (2)(b)(i) 76-5-109(3)(a) (b) (c)
(3) A violation of Subsectionunder the circumstances described in Subsectionis a first degree felony. (2) (2)(b)(i) A violation of Subsectionunder the circumstances described in Subsectionoris a second degree felony. (2) (2)(b)(ii) (iii)