(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or(b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse or his or her domestic partner,is guilty of the crime of family nonsupport.(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.[ 2008 c 6 s 1040; 2002 c 331 s 7; 1984 c 260 s 27.]Notes:Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.Intent—Effective date—2002 c 331: See notes following RCW 13.34.360.