(1)
(a) As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, or 76-5-114.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:
(a)
(i) the actor causes the death of another individual who is younger than 18 years old; and
(ii) the individual's death results from child abuse; and
(b)
(i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or
(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
(3)
(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.
(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.