(1) 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: 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.
(3) Endangering the welfare of an incompetent person in the first degree is a Class D felony.