(a)
For
purposes of this section, a person acts with criminal negligence,
or is criminally negligent, with respect to circumstances surrounding
his conduct or the result of his conduct, when he ought to be aware
of a substantial and unjustifiable risk that the circumstances exist
or the result will occur. The risk must be of such a nature and degree
that the failure to perceive it constitutes a gross deviation from
the standard of care that an ordinary person would exercise under
all the circumstances as viewed from the actor’s standpoint.
(b)
A
person commits the offense of failure to supervise a child if such
person is the parent of a child under eighteen (18) years of age,
or such person is the lawful guardian of a child under eighteen (18)
years of age, and:
(1)
Such person, with criminal negligence, allows such person’s
residential property, commercial property or rented premises to be
used for a gathering of individuals under the age of twenty-one (21)
years of age, and where, at such gathering, alcohol or other illegal
controlled substances are served, consumed, ingested or otherwise
used by said individuals under the age of twenty-one (21) years of
age.
(2)
Such person, with criminal negligence, allows said child to be in
possession of (i) stolen property, or (ii) a controlled substance,
as that term is defined under State law, and where said child does
not have a legal prescription for said controlled substance.
(c)
It
is an affirmative defense to an offense under this section if the
person took reasonable steps to control the conduct of the child at
the time the person is alleged to have committed the offense of failure
to supervise a child.
(Ordinance 1645, sec. 1, adopted 2/27/06)
