Abandonment of Infant <10 |   |
| Chapter | 119 |
| Section | 39 |
| WMS Code | 119/39/A |
| WMS Offense | CHILD UNDER 10, ABANDON c119 §39 |
| Elements | On [DATE OF OFFENSE:]: (1) did abandon an infant under the age of ten; or (2) being its parent, or being under a legal duty to care for it, and having made a contract for its board or maintenance, did abscond or fail to perform such contract, and for four weeks after such absconding or breach of his or her contract, being of sufficient physical and mental ability, did neglect to visit or remove such infant or notify the Department of Children and Families of his or her inability to support such infant. |
| Penalty | 2 Years |
| | ...shall be punished by imprisonment in a jail or house of correction for not more than two years; or, if the infant dies by reason of such abandonment, by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years. |
| Right of Arrest | NO RIGHT OF ARREST |
| Notes | |
| Second/Subsequent | | |
| Third Offense | | |
| Fourth Offense | | |
| Attempt to Commit | 274/6/C | 1 Year |
| Conspiracy to Commit | 274/7 | 2 ½ Years |
| Accessory Before | | |
| Accessory After | | |
| Effective Date | 7/8/2008 |
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