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A. A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, is a person who has assumed the responsibility to provide to a dependent person the basic necessities of life, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:

1. With criminal negligence, creates an imminent and substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or

2. With criminal negligence, causes bodily injury or extreme emotional distress manifested by more than transient physical symptoms to a child or dependent person by withholding any of the basic necessities of life.

B. For purposes of this section, “a person who has assumed the responsibility to provide to a dependent person the basic necessities of life” means a person other than: (1) a government agency that regularly provides assistance or services to dependent persons, including but not limited to the Department of Social and Health Services; or (2) a good Samaritan as defined in RCW 9A.42.010.

C. Criminal mistreatment in the fourth degree is a misdemeanor. (Ord. 3567-17 § 3, 2017; Ord. 2621-02 § 2, 2002.)