(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:
(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or
(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.
(b) Endangering the welfare of an incompetent person in the first degree is a Class D felony.
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