709-904  Endangering the welfare of a minor in the second degree.  (1)  Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person:

     (a)  Recklessly allows another person to inflict serious or substantial bodily injury on the minor; or

     (b)  Recklessly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor’s body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122.  This subsection shall not apply to nursing mothers who may cause the ingestion or introduction of detectable amounts of any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 to their minor children through breastfeeding.

Terms Used In Hawaii Revised Statutes 709-904

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

     (2)  A person commits the offense of endangering the welfare of a minor in the second degree if, being a parent, guardian, or other person whether or not charged with the care or custody of a minor, the person knowingly endangers the minor’s physical or mental welfare by violating or interfering with any legal duty of care or protection owed such minor.

     (3)  Endangering the welfare of a minor in the second degree is a misdemeanor.