(1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.
(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes: Protracted disfigurement;
(3) Protracted impairment of physical or mental health; or
(4) Loss or protracted impairment of the function of any bodily member or organ.
(5) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor.